Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay of five hours and forty minutes in lodging the FIR---Effect---Accused was charged for committing murder of his wife/sister of complainant by inflicting knife blows---Record showed that the incident took place at about 2.00 p.m.---Complainant was informed about the incident whilst he was at work and he reached home at about 4.15 p.m. after the dead body of his sister had been transported from his house to the hospital---Complainant recorded his statement under S. 154, Cr.P.C. at 7.40 p.m., which became the FIR---Due to the trauma and tension which the complainant was under after finding out that his sister who was living with him had been brutally murdered and that his aged blind mother had been pushed to the floor where she became unconscious---Facts remained that the delay in lodging the FIR had been explained and as such the delay in lodging the FIR was not fatal to the prosecution case based on the particular facts and circumstances of the case---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---Appeal against conviction was dismissed accordingly. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Statement of eye-witness---Scope---Accused was charged for committing murder of his wife/sister of complainant by inflicting knife blows---Record showed that eye-witness was the neighbour of the deceased and had been living 4.5 feet away from her house for the last four years---Said witness knew the accused and the deceased who were husband and wife who according to his evidence regularly argued as corroborated by the complainant---Eye-witness, in his evidence, had stated that on the day of incident he was at home when at about 2.00 p.m. he heard noise of fighting and so he went to the house of the deceased and had seen the accused, who was the husband of the deceased, attacking and assaulting his wife with a churri which severely injured her and seen blood oozing from her, thus, he disclosed the said facts to chowki (Police Station) incharge---Evidence of said witness was…

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