Law: Penal Code (XLV of 1860)

Section: 302/34

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/34--Qatl-i-Amd--Application for registration of case without disclosing time and the name of the subscriber of the application--Occurrence in the odd hours of the night--No source of light--Recovery--Report of PFSA--High court maintained the conviction and sentence of death--Acquittal of--FIR was lodged at 01:30 am, which clearly reflects that the same was registered without any inordinate delay--The complainant/PW-1 stated before the Court that he moved an application for registration of case, which bears his signature, without disclosing time and the name of the subscriber of the application--The “police Karvai” was conducted in police station--The whole proceedings narrated by PW-1 are squarely contradicted by PW-2 as according to him police arrived at the place of occurrence and completed every aspect of investigation i.e. (i) collection of crime empties, (ii) blood stained earth from both placed where deceased were done to death, (iii) recorded statements of PWs including (PW-2) at the spot by the investigating officer--All these statements are contradictory to each other on salient features, which creates dent in the genuineness of prosecution version--The occurrence had taken place in the odd hours of the night--No source of light has been mentioned by the investigating officer in the FIR, rough site plan, scaled site plan--Not a single person from the inmates of the house or from surrounding inhabitants appeared in support of the prosecution version--According to complainant’s own showing, he reached the residence of the deceased after one and half hour--The admission of the complainant clearly makes it essential that he was inimical towards the deceased--It seems impossible that deceased would have invited an inimical person for his help--Who was son of the deceased and was stated to have witnessed the occurrence, was given up at the time of the trial--Both the crime empty and the weapon of offence were sent to Punjab Forensic Science Agency together--Blood stained hatchet was also allegedly recovered after 15 days--It is not necessary that there should be many circumstances creating uncertainty and…

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