Law: Penal Code (XLV of 1860)

Section: 302(b),324,337-D,34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 337-D, 334 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah, itlaf-i-udw, common intention---Appreciation of evidence---Delay of three hours in lodging the FIR---Immaterial---Accused persons were charged for committing murder of two persons and causing injuries to one person from the complainant party by firing---Motive behind the occurrence was stated to be blood feud---Admittedly the occurrence had taken place at 05:00 p.m. while the report was lodged at 08:00 p.m. with a delay of 03 hours---According to the murasila and site plan the occurrence had taken place near the house of Mr. "Z" at thoroughfare of a village---Scribe of the report of the complainant in his cross-examination stated that the distance between the place of occurrence and hospital was about 35/36 kilometers---Two persons had lost their lives while one was injured, considerable time would have been spent in making preparations for shifting the deceased and injured to the hospital---By considering the facts of the present case the delay would be immaterial and was of no benefit to the accused---Medical Officer conducted autopsy on the dead body of the deceased at 08:00 p.m. while probable time between death and post mortem was mentioned as 03 hours which corresponded with the time of occurrence as stated in the FIR i.e. 05:00 p.m.---Similarly, autopsy of female deceased was conducted at 11:00 p.m. and the time between death and post mortem was mentioned as within 06 hours which also confirmed the time of occurrence as mentioned in the report of the complainant---Circumstances established that the prosecution had proved its case against the accused, however, the present accused was held liable for the injury caused by him to injured, therefore, his conviction and sentence under Ss. 324, 337-D, 334, P.P.C. read with S. 337-T, P.P.C., was maintained while he was acquitted of the charge of qatl-i-amd of deceased persons---Appeal was dismissed with said modification, in sentence. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 337-D, 334 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah, itlaf-i-udw, common…

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