Law: Penal Code (XLV of 1860)

Section: 302,147,148,149

Law: Criminal Procedure Code (V of 1898)

Section: 417,154

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 147, 148 149---Criminal Procedure Code (V of 1898), S. 417 ---Appeal against acquittal---Qatl-i-amd, rioting, armed with deadly weapon, common object---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Delayed FIR---Delayed postmortem examination---Un-natural conduct of witnesses---Appellant assailed the acquittal of accused persons by the Trial Court---First Information Report was lodged with a delay of 2 hours---Eye-witnesses had not justified their presence at the place of occurrence at the relevant time---Presence of eye-witnesses on the spot was unnatural, had they been present at the spot they would have received some injuries---Mode and manner of the occurrence advanced by the prosecution witnesses was not appealable to a prudent mind---Postmortem examination was conducted after an unexplained delay of 15 hours which pointed towards a real possibility that the time was consumed by the local police and the complainant party in order to produce and plant the eye-witnesses after cooking up a false story---Trial Court had considered all the material present on record properly and had arrived at the conclusion which was based on proper appreciation of the facts and law thus, did not need interference---Appeal against acquittal was dismissed, in circumstances. Muhammad Ilyas v. Muhammad Abib alias Billa and others 2017 SCMR 54 and Nazeer Ahmed v. Gehne Khan and others 2011 SCMR 1473 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 147, 148 149---Qatl-i-amd, rioting, armed with deadly weapon, common object---Appreciation of evidence---Appeal against acquittal---Recovery of weapon---Scope---No bullet empties of 9mm pistol were taken into possession from the place of occurrence---No report of Forensic Laboratory was tendered in evidence by the prosecution so as to ascertain that the weapon recovered from the accused was the same by which the deceased was done to death---Recovery of weapon was held to be inconsequential, in circumstances. (c) Criminal Procedure Code (V of 1898)--- ----S. 154---Registration of FIR---Prompt FIR---Purpose---Main object of prompt registration of FIR is to rule out…

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