Law: Penal Code (XLV of 1860)

Section: 302,324,34

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Delay of one hour and fifteen minutes in lodging the FIR---Scope---Accused were charged that they made firing upon the father and brother of the complainant, due to which both were injured but brother of complainant succumbed to injuries---Record showed that the alleged occurrence had taken place at 5:15 p.m. and the FIR was lodged at 6:30 p.m.---Complainant and a witness shifted the dead body of deceased and injured to the hospital and thereafter the complainant lodged the report---Circumstances established that FIR was lodged promptly without any delay. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 324 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Ocular account supported by medical evidence---Effect---Accused persons were charged that they made firing upon the father and brother of the complainant, due to which both were injured but brother of complainant succumbed to injuries---Ocular account of the incident had been furnished by complainant, injured and a witness---Injured being eye witness narrated the whole story with regard to the occurrence---Said witness had correctly stated the date, time, the place of occurrence and the manner in which the alleged occurrence had taken place---Likewise, another eyewitness, relative of the deceased, fully corroborated the contents of the FIR as well as statement of injured witness---All the said witnesses gave consistent, natural and straightforward ocular account of the occurrence---Defence subjected them to a lengthy searching cross-examination but their testimony remained unshaken and un-shattered---Nothing was in their cross-examination to show that the accused were falsely implicated in the case---First Information Report was lodged promptly without any delay while the Investigating Officer had recorded the statements of both the witnesses soon after the occurrence---Presence of father of deceased was further established at the place of occurrence as he had also received injuries on his person---Presence of said witnesses at the…

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