Law: Penal Code (XLV of 1860)

Section: 302(b),34

(a) Penal Code (XLV of 1860)--- ----Ss.302(b) 34---Qatl-i-amd, common intention--- Appreciation of evidence---Natural witness---Scope---Accused was charged that he and co-accused/mother of the complainant committed murder of complainants father--- Statement of complainant showed that the accused was having illicit relations with her mother, the co-accused---Complainant was the real daughter of the deceased and of the co-accused and it was unimaginable that a daughter could level such type of heinous allegations against her mother---Statement of complainant, in circumstances, could not be said to be inimical or based upon mala fide---Statements of all the prosecution witnesses stood truthful---Evidence available on record established that the accused was present inside the house of the deceased---Naval Complex Police handed over copy of CNIC of the accused to the Investigating Officer, which further confirmed the fact that the accused gave information to the Naval Complex Police for going to the house of the deceased, otherwise, the Naval Police had no ill-will with the accused to produce such evidence---Recovery of pillow, which was used by the co-accused to place it on the mouth of the deceased during her police custody strengthened the prosecution case, however, the defence had failed to rebut the evidence produced by the prosecution, even the accused failed to produce any evidence in his defence---Facts and circumstances and evidence produced by the prosecution, had established that the prosecution succeeded to link the incident with the accused---Appeal against conviction was dismissed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) 34---Qatl-i-amd, common intention---Appreciation of evidence---Delay in recording the FIR and statement of the complainant---Effect---Accused was charged that he and co-accused/ mother of the complainant committed murder of complainants father---Record showed that initially an independent person having no relation with any of the party, on the direction of his officers, reported the matter to the police, which was reduced into rapt---After conducting of post-mortem report and confirmation that the death of the…

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