Law: Penal Code (XLV of 1860)

Section: 302(b),337-(A)(i).337-A(i),337-F(vi),337 -L(2),109,148,149

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 337-A(i), 337-A(ii), 337-F(vi), 337-L(2), 109, 148 & 149---Qatl-i-amd, shajjah-i-khafifah, shajjah-i-mudihah, ghayr-jaifah-munaqqillah, hurt, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Delay in lodging FIR---Effect---Accused were charged for committing murder of the son of complainant by firing---Record showed that the complaint was prepared at 07.00 pm whereas, the autopsy was conducted 45 minutes prior to that at 06.15 p.m.---Eye-witness candidly conceded that police post was situated in close proximity of the crime scene at 01 kilometer but still the incident was not reported to the officials posted therein---Cumulatively, all the facts led to the conclusion that indeed the FIR was registered late in the night and the intervening time was used for procuring the attendance of some suitable witnesses and for sketching a story to implicate maximum members from the family of accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was accordingly allowed. Abdul Ghafoor v. The State 2022 SCMR 1527 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 337-A(i), 337-A(ii), 337-F(vi), 337-L(2), 109, 148 & 149---Qatl-i-amd, shajjah-i-khafifah, shajjah-i-mudihah, ghayr - jaifah - munaqqillah, hurt, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Wider net, casting of---Accused were charged for committing murder of the son of complainant by firing---Record showed that as many as ten persons were indicted in the case with the allegation of having actively participated in the crime---All the accused arrayed in the case were entrenched in kinship with each other and from that factor it could be gathered that the case in hand was of wider net---Such cases from their very genesis call for discreet scanning of the prosecution case mainly for the reason that unfortunately, it has become trend of criminal litigation to implicate as many persons from the family of accused as possible in a case of…

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