Law: Pakistan Penal Code, 1860

Section: 109,148,149,302,302(b),324

Law: Criminal Procedure Code (V of 1898)

Section: 340(2),342,382B,544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Delay of about one hour and forty minutes in lodging the FIR---Effect---Evidence of the complainant revealed that he straightaway went to police station for reporting the incident to the police from the hospital---Complainant as per prosecution went to the police station for reporting the incident but before visiting police station, he got drafted application for registration of criminal case from someone on the information given by the injured---Non-mentioning of that fact in the application/complaint indicated that the complainant had not stated complete truth and that the FIR came into existence later on, after due deliberations and consultations which had created dent in the prosecution case. Allah Bachaya and another v. The State PLD 2008 SC 349 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused party made firing on the complainant party, due to which, real brother of complainant died and one person sustained injuries---Motive was stated to be grudge of purchase of land by the deceased---Ocular account had come out from the statements of complainant, injured and the eye witness---Complaint and FIR had specifically mentioned that his brother succumbed to the injuries at the spot and injured and the deceased were taken to the hospital by the witnesses---Complainant did not mention in the complaint and FIR that he shifted the injured and dead body of deceased to the hospital and after obtaining Medico-Legal Certificate of injured went to police station for reporting the incident---Prosecution case was that after shifting the dead body of deceased to the hospital, the complainant went to the police station for reporting the incident---Medico-Legal Certificate of injured showed that the copy of Medico-Legal Certificate was received by the injured himself and…

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