Law: Penal Code (XLV of 1860)

Section: 302(2)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay of about two hours in lodging the FIR---Effect---Accused was charged for committing murder of her sister and brother of complainant---Elopement of sister of accused with the deceased brother of complainant had been alleged as motive for the occurrence---Record depicted that matter had been reported after a delay of about two hours for which no explanation had been furnished by complainant or mother of the lady deceased---Such unexplained delay would be fatal for the prosecution. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Accused was charged for committing murder of her sister and brother of complainant---Elopement of sister of accused with the deceased brother of complainant had been alleged as motive for the occurrence---First Information Report and statement of complainant revealed that complainant was not eye-witness of the occurrence---Mother of the deceased lady had also verified said report but perusal of her statement would reveal that she was also not eye-witness of the occurrence---Mother of the deceased lady deposed in her cross-examination that after 30/45 minutes of the occurrence, she informed the complainant, who reached the spot, wherefrom they shifted the dead bodies of the deceased to the hospital---Contrary, complainant had deposed that after 15/20 minutes of the occurrence he received information during his duty, on which he proceeded to his house and accompanied his mother to the hospital---No other inmate of the house of mother of deceased lady had come forward to furnish ocular account of the occurrence---Complainant had not uttered a single word about the source of information regarding culpability of the accused---Record showed that before arrival of complainant, mother of deceased lady was already present in the hospital but she did not lodge the report---Mother of the deceased lady had admitted that another brother of the accused was also annoyed on elopement of deceased lady and that she had not seen the accused on committing murder of the deceased, created…

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