Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Accused was charged for committing murder of the brother of the complainant by causing dagger blows---Motive behind the occurrence was stated to be a dispute over thoroughfare---Complainant stated that soon after the incident the injured was rushed to the Police Station for report but the officials present in the Police Station refused to register the case and directed to take the injured to the hospital for his medical examination, thus, they reached to the hospital where the doctor examined the injured and prepared his Medico-Legal Report---Medical Officer stated that the injured was brought by the co-villagers at 09.05 a.m. who was examined and his Medico-Legal Report was prepared---Said witness further stated that at the time of examination, the injured was fully conscious and oriented in time and place---If the injured was taken to the Police Station, why the police refused to register a case and when injured was produced before the doctor prior to the report then how the injury sheet was produced along with the injured, when by then the report had not been made---Time of examination of the injured was given as 09:05 a.m., whereas the report was made at 09:30 a.m.---If admitted what the doctor stated as correct that the injured was conscious and capable to talk then why he did not call the police to pen down the report---Injured was oriented in time and space at 09:05 a.m. how did the scribe tell that at 09:30 the injured was unconscious---Scribe while reporting the matter, did not feel the necessity to ask from the doctor as to whether the injured was capable to talk and that what precluded the scribe to take down the report with the injured as complainant---Complainant was not present with the deceased at the time of incident, in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Presence of eye-witnesses at the spot doubtful---Scope---Accused was charged for committing murder of the brother of the complainant by causing dagger blows---Medico-Legal Report showed that the column meant for “who…

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