Law: Pakistan Penal Code, 1860

Section: 302(b), 324 & 34

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Infirmities in inquest report---Accused were charged that they made murderous assault upon the brother of complainant and his wife, due to which brother of complainant died whereas his wife sustained fire arm injuries---Incident took place in pursuance of marriage dispute---According to the record, the crime scene was situated at a distance of 15-kilometers from police station and after 15 to 30 minutes of the incident, the victims were shifted to THQ Hospital---Investigating Officer reached THQ Hospital and recorded the statement of complainant which was transcribed as complaint at about 6.55 pm and immediately thereafter was dispatched to police station for the registration of formal FIR---Allegedly, the promptly registered FIR out-rightly excluded the possibility of any fabrication and false implication---However, the practice of stopping the Station Diary/Roznamcha as well as the FIR Register was rampant in our system of criminal investigation through which even the delayed FIRs were shown to have been promptly registered---Record showed that from the police proceedings mentioned at the bottom of FIR the complaint was drafted in THQ Hospital and was transmitted to Police Station through Police Constable--Inevitably, for proving the registration of FIR without any uncalled for delay the evidence of said Police Constable had crucial importance but surprisingly he was not produced as witness during trial of the case---If that was not enough, Investigating Officer candidly admitted that during investigation the statement of said Police Constable was not recorded under S. 161, Cr.P.C. and for that omission he failed to offer any explanation---In the present case, it was noticed that on the last page of inquest report the brief facts of the case were not mentioned properly--Relevant page gave no information about the identity of the assailants, the weapons used in the commission of crime, the manner in which the incident occurred and above all its time---Most important aspect noticed from the last page of inquest…

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