Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay of one hour and fifty five minutes in lodging the FIR---Scope---Accused was charged for committing murder of the wife of the complainant by firing---Record showed that the occurrence had taken place at 07.15 pm, whereas the matter was reported to the police on the same day at 09.10 pm within one hour and fifty five minutes of the occurrence---Matter was reported to the police promptly and there was hardly any chance of consultations and deliberations in the intervening period---In the promptly lodged FIR, the name of the accused with his role of causing pistol shot on the neck of the wife of the complainant with the intention to murder her had been mentioned---Circumstances established that the prosecution had proved its case against the accused through confidence inspiring ocular account corroborated by medical evidence---Appeal against conviction was dismissed accordingly. Abdul Wasay and others v. The State and others 2021 SCMR 1059 and Muhammad Hayat and another v. The State 2021 SCMR 92 rel. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay of six hours in conducting post-mortem examination on the dead body of the deceased---Scope---Accused was charged for committing murder of the wife of the complainant by firing---Allegedly, there was delay of six hours in conducting post-mortem examination on the dead body of the deceased---Said contention of defence had no legal worth because a fragile creature lost her life---Occurrence took place in far-flung area and also just before sunset, therefore, time had been consumed in arranging and shifting the dead body to the hospital---Circumstances established that the prosecution had proved its case against the accused through confidence inspiring ocular account corroborated by medical evidence---Appeal against conviction was dismissed accordingly. Muhammad Asif and another v. Mehboob Alam and others 2020 SCMR 837 rel. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account---Scope---Accused was charged for committing murder of the wife…

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