Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay of seven hours in lodging FIR---Scope---Accused was charged for committing murder of seven years old daughter of her brother/complainant by inflicting iron pipe blow---Record showed that the occurrence took place at 7:30 am but the matter was reported to the police with a delay of seven hours and that too on the arrival of police at their own---Such delay had not been explained---Had the witnesses been present, they must have reported the matter to police, particularly when injured died after 2/3 hours---Said delay on the part of prosecution was fatal, which suggested concoction and deliberation and also raised question about the presence of witnesses at the time of occurrence---Circumstances established that the prosecution had failed to bring home guilt of the accused to the hilt---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Non-recovery of incriminating material---Scope---Accused was charged for committing murder of seven years old daughter of her brother/complainant by inflicting iron pipe blow---Record showed that spot recovery was missing in the case---Cot upon which allegedly the deceased was sitting was not taken into possession nor availability of blood at the crime scene or recovery of blood-stained earth therefrom was shown effected---Investigating Officer had not been produced by the prosecution in support of facts emanating from the registration of FIR routing through post mortem examination till finalization of investigation which was a major lacuna in the case that created gap in complete chain of events--- Circumstances established that the prosecution had failed to bring home guilt of the accused to the hilt---Appeal against conviction was allowed, in circumstances. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay of nine hours in conducting post-mortem---Scope---Accused was charged for committing murder of seven years old daughter of her…

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