Law: Penal Code (XLV of 1860)

Section: 302(b),324

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Natural witnesses---Presence of the witnesses at the time and place of occurrence proved---Accused was charged for committing murder of the brother of complainant by firing---Presence of witnesses on the spot at the time of occurrence and in the hospital, when the dead-body was examined by the doctor, found support from the fact that the dead-body was received in hospital, at 08:05 pm---Said fact found mention in an OPD Chit collected from the hospital and placed on record---After the death was confirmed the concerned doctor referred the dead-body of the deceased to Civil Hospital for onward proceedings---No sooner did the dead-body arrive to the hospital, the scribe on receiving information reached there, and the complainant reported the matter---At the time of report besides the complainant other witness was also present in the hospital, who verified the report of the complainant and also identified the dead body before the police at the time of report and before the doctor at the time of postmortem examination---Witnesses explained the manner in which the incident occurred; how the dead body was shifted and how the matter was reported---Circumstances established that the prosecution succeeded in proving the charge against the accused beyond any shadow of doubt---Appeal against conviction was dismissed accordingly. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Delay in lodging FIR and delay in conducting of post-mortem explained--- Preliminary investigation before lodging FIR---Accused was charged for committing murder of the brother of complainant by firing---Allegedly, when the matter was reported at 09.25 p.m., then how the postmortem could be conducted at 09.20 p.m., i.e. the time when the FIR was not chalked out---However, before conducting post mortem examination the chalking of FIR was not the condition, rather the legal requirement was the report of the incident which had already been made---Once the matter was reported and inquest report was…

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