Law: Penal Code (XLV of 1860)

Section: 302(b),337-A(i),337-F(vi),337-L(2)

Law: Criminal Procedure Code (V of 1898)

Section: 161,164

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 337-A(i), 337-F(vi) 337-L(2)--- Qatl-i-amd, Shajjah-i-khafifah, ghayr - jaifah - munaqqillah, causing hurt---Appreciation of evidence---Delay of more than eleven days in lodging the FIR---Scope---Accused were charged for committing murder of the deceased and causing injuries to the brother of complainant---Record showed that the incident had taken place during the night falling between 09.07.2017 and 10.07.2017 and whereas the FIR was lodged on 21.07.2017---No proper explanation had been offered by the prosecution for such an inordinate delay of more than eleven days in lodgement of the FIR---Delay in lodging FIR had been viewed with grave suspicion, thus, it required careful scrutiny when number of accused was large, when such delay had resulted in embellishment, which was a creation of afterthought, assuming importance going to the extent of being fatal to the prosecution case in absence of convincing explanation, which prima facie pointed out to fabrication of the prosecution story---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Akhtar Ali and others v. The State 2008 SCMR 6; Ayub Masih v. The State PLD 2002 SC 1038 and Muhammad Asif v. The State 2017 SCMR 486 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 337-A(i), 337-F(vi) 337-L(2)---Criminal Procedure Code (V of 1898), S. 161---Qatl-i-amd, shajjah-i-khafifah, ghayr - jaifah - munaqqillah, causing hurt---Appreciation of evidence---Delay of more than twenty one days in recording the statement of witness---Scope---Accused were charged for committing murder of the deceased and causing injuries to the brother of complainant---Statement under S.161, Cr.P.C., of injured witness, who per prosecution, was the sole eye-witness of the occurrence, was recorded after more than twenty one days of incident and ten days of the FIR without any plausible explanation thereof---In the wake of the said unexplained inordinate delay in recording statement under S.161, Cr.P.C. of the alleged solitary eye-witness, the possibility of false…

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