Law:

Section:

(a) Penal Code (XLV of 1860)-------S.302(b)---Criminal Procedure Code (V of 1898), S.174---Qatl-e-amd---Re-appraisal of evidence---Inquest report---Related and chance witness---Benefit of doubt---Ocular account and medical evidence---Trial Court as well as High Court convicted the accused under S.302(b), P.P.C. and sentenced him to death---Both eye-witnesses were not only related to deceased but they were also chance witnesses---Complainant was father of deceased whereas other eye-witness was brother of complainant and paternal uncle of deceased---Occurrence had taken place far away from the houses of eye-witnesses and they had statedly seen the occurrence when they were in search of deceased---Investigating Officer stated before Trial Court that upon his first visit to the spot, he had found dead body of deceased at place of occurrence and after preparing inquest report dead body was sent by him to mortuary for its post-mortem examination---Investigating Officer stated nothing about seeing any hatchet stuck in the head of dead body and even in inquest report, the Investigating Officer had said nothing about finding any hatchet stuck in the head of dead body---Doctor who performed post mortem report stated before Trial Court that at the time of conducting post-mortem examination, he had taken a hatchet out of the head of dead body wherein it was found stuck at that time---One police officer had subsequently produced that taken-out hatchet before Investigating Officer after post-mortem examination of dead body---Prosecution had failed to prove its case against accused beyond reasonable doubt---Supreme Court set aside the conviction and sentence awarded to accused by the Courts below and he was acquitted of the charge by extending benefit of doubt to him---Appeal was allowed. (b) Penal Code (XLV of 1860)--- ----S. 302--- Qatl-e-amd--- Post-mortem examination--- Delay---Presumption---Delay in post-mortem examination is generally suggestive of a real possibility that time was consumed by police in procuring and planting eye-witnesses and in cooking up a story for prosecution before preparing police papers necessary for getting a post mortem examination of dead body…

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