Law: Pakistan Penal Code, 1860

Section: 302(b),34

(a) Penal Code (XLV of 1860)-------Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Delay of twelve hours in lodging the FIR explained---Accused were charged for committing murder of the brother of the complainant---Incident took place on 24-11-2011 at 09:00 pm and the FIR was registered on the next day i.e. 25-11-2011 at 09:00 am---Such delay in registration of FIR had properly been explained by the complainant---According to the complainant, he firstly took his injured brother to hospital thereafter he was referred to another hospital where he expired---After registration of the FIR, the Investigating Officer proceeded toward the place of the incident on the same day i.e. 25-11-2011 and secured two empties of 30-bore and blood stained earth from the place of wardat and sent the same for Chemical Report---Injured was examined and treated on the same day at 09:20 am by Medical Officer and found firearm injury on his person---All the said facts excluded the possibility of consultation or deliberation on the part of the prosecution---Circumstances established that the prosecution had proved its case beyond a reasonable doubt against the accused by producing reliable, trustworthy, and confidence inspiring oral evidence as well as medical evidence---Appeal against conviction was dismissed accordingly.Zaffar v. The State 2021 YLR 1918; Mansab Ali v. The State 2019 SCMR 1306; Najaf Ali Shah v. The State 2021 SCMR 736; Abdul Jabbar and another v. The State 2019 SCMR 129; Muhammad Rashid v. The State 2022 YLR 119; Mazhar Ellahi v. The State 2020 SCMR 586; Bakht Munir v. The State and another 2020 SCMR 588; The State v. Noor Ahmed alias Thola and 3 others 1991 PCr.LJ 2007; Sultan Lanjwani Jat v. The State 2021 YLR 2171; Hazar Khan and 3 others v. The State 2020 YLR Note 65 and Muhammad Riaz v. Muhammad Zaman and another PLD 2005 SC 484 ref.Farman Ali and another v. The State and another 2020 SCMR 597 rel.(b) Penal Code (XLV of 1860)-------Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Ocular account supported by medical evidence---Accused were charged for committing murder of the brother of the…

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