Law: Penal Code (XLV of 1860)

Section: 324,337-F(iii),148,149

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 337-F(iii), 148 , 149---Attempt to commit qatl-i-amd, ghayr-jaifah-mutalahimah, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Delay of one and half hour in lodging FIR---Scope---Prosecution case was that the accused made firing upon the complainant party, as a result of which nephew of the complainant sustained firearm injury---Motive behind the occurrence was previous murderous enmity between the parties---Record revealed that the incident took place on 16.01.2016 at 10:00 a.m.---Incident was reported to the police by complainant through his oral statement and according to the police karwai endorsed at the end of the oral complaint was recorded by at the place of the occurrence at 11:00 a.m.---On the basis whereof, formal FIR was chalked out on the same day at 11:30 a.m.---Medico Legal Certificate revealed that injured was brought to the RHC at 12:35 (not mentioned a.m. or p.m.) on 06-01-2016 and injured witness was medically examined at 12:40 (not mentioned a.m. or p.m.)---On perusal of the injury statement prepared by SHO, it revealed that particulars of FIR were mentioned thereon whereas FIR was registered at 11:00 a.m. on 16-06-2016, which created doubt about the time of reporting the occurrence and time of occurrence---Circumstances established that there was no evidence at all to prove the charged against the accused---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 324, 337-F(iii), 148 , 149---Attempt to commit qatl-i-amd, ghayr-jaifah-mutalahimah, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Dishonest improvement made by witnesses---Scope---Prosecution case was that the accused made firing upon the complainant party, as a result of which nephew of the complainant sustained firearm injury---Injured witness made dishonest improvements by giving specific role to the accused, which created reasonable doubt about the deposition of injured witness---Prosecution case was that after recoding statement of the complainant at 11:00 a.m. at place of occurrence, SHO…

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