Law: Penal Code (XLV of 1860)

Section: 302(b),148,149

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Private complaint lodged fourteen months after the occurrence---Accused were charged for committing murder of the son of complainant by firing---Motive behind the occurrence was previous enmity between the parties---Incident took place on 21.05.2010 at 12:00 a.m. (night) in an area which was at a distance of 06 kilometers from the police station---First Information Report was lodged on 21.05.2010 at 01.00 a.m. (night) on the basis of fard bayan of the complainant made on 21.05.2010 at 12.30 a.m.---Complainant submitted private complaint on 04.07.2011, after fourteen (14) months of the occurrence---Complainant alleged that police got her signature on the blank paper and her statement was not read over to her; and the police in collusion with the accused persons spoiled the case of the prosecution---However, the version of the complainant came on the record after fourteen months from the date of occurrence---Said facts raised grave doubts about the authenticity of the prosecution version---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Chance witnesses---Presence of eye-witnesses at the spot not proved---Accused were charged for committing murder of the son of complainant by firing---Record showed that the entire prosecution evidence was silent on the point that with whom the complainant proceeded to police station for reporting the incident, when at the road of a Chak, she met with the Investigating Officer---Investigating Officer had not deposed that after recording of "Fard Biyan" of the complainant, she also accompanied him to the place of occurrence---Rather, during cross-examination, the Investigating Officer deposed that when he reached the place of occurrence at about 01:00 a.m. (night), the complainant and witnesses were present there---Deposition of complainant and eye-witness, revealed that…

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