Law: Penal Code (XLV of 1860)

Section: 302(b),337-F(i),34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 337-F(i) & 34---Qatl-i-amd, shajjah-e-madihah, common intention---Appreciation of evidence---Benefit of doubt---Delay of three hours in lodging FIR---Prosecution case was that the accused persons equipped with knives attacked upon complainant party, due to which one died and another sustained injuries---Occurrence had taken place at 08:30 p.m. in the month of December---Place of occurrence was situated about half kilometers away, but the FIR in respect of the incident had been lodged after about three hours---Thus, possibility of deliberation and consultation, before lodging of FIR, could not be ruled out of the consideration---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 337-F(i) & 34---Qatl-i-amd, shajjah-e-madihah, common intention---Appreciation of evidence---Benefit of doubt---Presence of eye-witnesses at the place of occurrence doubtful---Prosecution case was that the accused persons equipped with knives attacked upon complainant party, due to which one died and another sustained injuries---Eye-witnesses were closely related to deceased---However, the presence of said witnesses at the place of occurrence was doubtful---Version of the prosecution witnesses was that they went to place of occurrence with deceased and eye-witness on a vehicle but the number, color and model of the vehicle had not been told, nor the said vehicle had been produced during investigations or trial of the case---Even presence of said vehicle had not been shown in the site plan of place of occurrence---If the said eye-witnesses were present at the time of occurrence and shifted deceased to hospital in the vehicle, then, their clothes must have been smeared with blood, but none of them produced any such clothes, when specifically, a question was put to the said witnesses that during shifting the deceased, if their clothes were bloodstained, and the answer was in positive---Furthermore, the eye-witnesses were not residents of the area where the incident occurred---Perusal of medical certificate of deceased revealed that the dead body was brought by SI, which further…

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