Law: Penal Code (XLV of 1860)

Section: 302(b),324,34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention--- Appreciation of evidence---Sentence, reduction in---Delay of four hours in lodging FIR---Scope---Accused was charged that he along with co-accused made firing upon the complainant party, due to which cousin of the complainant died while complainant sustained injuries---Record showed that the FIR was lodged with promptitude within four hours of the incident---During that period the complainant who was injured had been taken to the hospital along with the deceased where his S. 154, Cr.P.C. Statement was recorded at the hospital on the arrival of the police and thereafter his FIR was lodged---Thus, there was no unexplained delay in the lodging of the FIR which would give the opportunity to the complainant or the police to cook up a false case against the accused for which the prosecution gained no advantage---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Prosecution had not been able to prove through evidence the motive for the accused murdering the deceased or attempting to murder complainant---Whether it was the pistol shot of accused which caused the fatal wound on the deceased which caused his death was not clear--- Death penalty was reduced to life imprisonment, in circumstances---Appeal was dismissed with modification in sentence. Muhammad Nadeem alias Deemi v. The State 2011 SCMR 872 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention--- Appreciation of evidence---Sentence, reduction in---Accused was charged that he along with co-accused made firing upon the complainant party, due to which, cousin of the complainant died while complainant sustained injuries---Complainant of the case was also injured at the scene at the time when the deceased was murdered---Complainant knew the accused, it was a day light incident and he was not far away when the accused shoot the deceased so there was no case of mistaken identity and no need to hold an identification parade even after a period of two years especially…

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