Law: Pakistan Penal Code, 1860

Section: 302(b), 449 & 34

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 449 & 34---Qatl-i-amd, house trespass, common intention----Appreciation of evidence---Time of death of deceased not proved---Effect---Accused were charged for committing murder of the paternal niece of complainant by firing---Death certificate of deceased was silent about the time when deceased was brought in expired condition in the Hospital and when death certificate was issued---On perusal of the inquest report, it was revealed that in column No.3, the time and date of receiving information was mentioned as "17.10.2016 at 10:00 a.m.---Prosecution's version was that the FIR was lodged at 2.30 p.m.---If it was so, it was required to be explained by the Investigating Officer, by plausible evidence on record, as to how the inquest was undertaken at 10:00 a.m., a point in time when the FIR was not in existence---Such circumstance raised doubt about the time of occurrence and death as claimed by the prosecution in the inquest report---In column No. 3 of inquest report time and date of receiving information about death was mentioned as 10:00 a.m. by the Investigating Officer, whereas, as per prosecution version deceased received injuries at 10:00a.m., whereas incident was reported after the death of deceased at 02:20 p.m. on 17.10.2016 in the Hospital--Said fact created doubt about the time of the incident and the time of death of deceased---Appeal against conviction was allowed, in circumstances.(b) Penal Code (XLV of 1860)-------Ss. 302(b), 449 & 34---Qatl-i-amd, house trespass, common intention----Appreciation of evidence---Time of lodging FIR doubtful---Accused were charged for committing murder of the paternal niece of complainant by firing---Woman Medical Officer, who conducted postmortem examination of the deceased, opined that the duration between the injuries and death was 1 to 2 hours and between death and postmortem was 6 to 10 hours---Said witness further stated in her court statement that the dead body was received in the dead house at 03:00 p.m. on 17.10.2016 and complete documents were produced before her at 07:00 p.m. and she conducted the autopsy at 07:30 p.m. on 17.10.2016, which was also…

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