Law: Penal Code (XLV of 1860)

Section: 302(b),34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Contradictions and lapses in evidence---Accused was charged for committing murder of his wife/sister of the complainant by firing---As per prosecution case, occurrence took place at 03.00 p.m. on 07.07.2009 in the house of complainant, which was at a distance of1/2 kilometer from the Police Station---Police reached at the place of occurrence and complainant recorded his statement regarding the occurrence at 04.00 p.m. to SI there, which was sent to the Police Station and FIR was recorded---However, SI while recording his statement in the Court clearly stated that he recorded statement of the complainant when he was on patrol duty and thereafter reached at the place of occurrence---So, place of recording statement of complainant for registration of case was under a cloud---In the statement of complainant and FIR, it was mentioned that deceased of the case received firearm shots when she was taking meal/food while sitting on the cot in upper portion of the house and it was not mentioned with exactness that either she was available in the room, veranda or courtyard of said portion of the house---Similarly, it was mentioned in statement that after receiving firearm shots, deceased fell but it was not mentioned that she fell on ground---In Column No.24 of the Inquest Report, it was clearly shown that dead body was found on cot but neither said cot nor any blood of the deceased from said cot was taken into possession during investigation of the case rather blood was statedly secured from the floor---Case of prosecution was that deceased was taking meal/food but neither any residue of food nor any utensil was secured during investigation of the case and even same was not mentioned as available, near or around the dead body of the deceased at the place of occurrence in Columns Nos.22 and 23 of the Inquest Report---Though it was alleged that deceased lady received various firearm shots and as per Post-mortem Examination Report, there were entry and exit wounds yet no empty shell or foreign metallic body fired from any bullet was found from the spot---Any…

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