Law: Penal Code (XLV of 1860)

Section: 302(b),324

Law: Criminal Procedure Code (V of 1898)

Section: 154,164

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Informant was not examined---Scope---Accused was charged for committing murder of his brother, his wife and nephew---Record showed that the FIR was lodged with an hour and five minutes of the occurrence and accused was specifically nominated therein---Complainant did not appear before the court as a prosecution witness, as he was not traceable---First Information Report was not a substantive piece of evidence, so it was not fatal to the prosecution case that the person who transcribed the FIR was not examined, especially as it was exhibited in evidence---Circumstances established that the prosecution had successfully proved its case against the accused beyond reasonable doubt---Appeal against conviction was dismissed accordingly. Muhammad Akram v. State 2006 SCMR 1567 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---First Information Report---Purpose and scope---First Information Report was not meant to decide the guilt or innocence but to activate the law enforcing agencies to immediately move for collection/preservation of evidence. Sikandar v. The State and another 2006 SCMR 1786 rel. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b) 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Solitary statement of injured/eye-witness---Scope---Accused was charged for committing murder of his brother, his wife and nephew---Injured witness had consistently adhered to the prosecution version word by word and fully supported the prosecution case giving all necessary details---Said witness faithfully deposed what was witnessed by him and his version could not be impeached or shattered despite lengthy cross-examination---Said witness described the role played by the accused in the commission of the offence and lent full strength to the prosecution story---No doubt it was a case of solitary witness but the solitary witness itself was not a demerit or disqualification as could call for its repudiation, when otherwise it rang true and inspired confidence---Circumstance established that the prosecution had successfully…

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