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---Delay of seven hours and thirty minutes in lodging FIR---Effect---Accused was charged for committing murder of his wife/sister of the complainant by throttling her neck---As per contents of FIR, the matter was reported to the police about seven hours and thirty minutes after the incident---Distance between police station and the place of occurrence was twelve kilometers---No plausible explanation for the said delay had been brought on record---Even while appearing before the Trial Court the prosecution witnesses did not utter even a single word about the said delay---Thus, delay in setting the machinery of law into motion spoke volumes against the veracity of prosecution version---Appeal against conviction was allowed, in circumstances. Altaf Hussain v. The State 2019 SCMR 274; Ghulam Abbas and another v. The State and another 2021 SCMR 23 and Pervaiz Khan and another v. The State 2022 SCMR 393 rel. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay of nine hours and twenty minutes in conducting post-mortem examination---Effect---Accused was charged for committing murder of his wife/sister of the complainant by throttling her neck---Record showed that the post-mortem examination on the dead body of deceased was conducted with the delay of nine hours and twenty minutes---Thus, it was a case of delayed post-mortem, which casted serious doubts---Such noticeable delay was normally occasioned due to incomplete police papers necessary to be handed over to the Medical Officer to conduct the postmortem examination on the deadbody of the deceased which happened only when the complainant and police remained busy in consultation and preliminary inquiry regarding the culprits in cases of un-witnessed occurrence---Appeal against conviction was allowed, in circumstances. Sufyan Nawaz and another v. The State and others 2020 SCMR 192; Muhammad Adnan and another v. The State and others 2021 SCMR 16 and Pervaiz Khan and another v. The State 2022 SCMR 393 rel. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---…

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