Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay of one hour and forty five minutes in reporting the matter to police---Consequential---Accused was charged for committing murder of the mother-in-law of the complainant by firing--Incident took place on 08.12.2014 at 10.00 pm---Incident was reported by the complainant at Emergency Ward of the hospital at 11.45 pm on 08.12.2014--Record showed that there was a statement in column No.3 of the inquest report that the "date and time of the discovery of information of death" was "08.12.2014 at 10:08 pm---As per the first column of the inquest report, relating to the place where death took place or from where dead body was recovered, it was mentioned as "Mayo Hospital Emergency Ward Dead House"---On the last page of the inquest report, the place and the time, when the inquest report was prepared and the witnesses put their signatures were left blank---It was mentioned in column No.8 of the inquest report that the mouth was semi-opened---Said facts revealed that FIR was recorded later on after due deliberation and consultation and was ante-timed--Appeal against conviction was allowed, in circumstances.(b) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay of 12 to 24 hours in conducting post-mortem upon the dead body of the deceased---Consequential--Accused was charged for committing murder of the mother-in-law of the complainant by firing---Post-mortem report revealed that complete documents were received on 09.12.2014 at 12.45 pm---Medical Officer, who conducted the postmortem upon the dead body of the deceased stated that the time of death was mentioned in post-mortem report as 08.12.2014 at 10.08 pm; that dead body was received in the department on 09.12.2014 at 11.20 pm; that time which was written in the concerned documents was 11.20 pm dated 09.12.2014; that delay of 12 to 24 hours occurred due to not receiving police papers---Duration given by the doctor between death and postmortem was 12 to 24 hours, which suggested that the death took place between 01:00 a.m. on 09.12.2014 and 01:00 p.m. on 08.12.2014---Said fact created doubt in…

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