Law: Pakistan Penal Code, 1860

Section: 302(b),109,34

(a) Penal Code (XLV of 1860)---

----Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Delay of three hours and ten minutes in lodging the FIR---Consequential---Accused were charged for committing murder of the brother of complainant by firing---Motive behind the occurrence was that the daughter of the accused was married with deceased however, due to her annoyance with the deceased, she left his house, and to such desertion by the daughter of the accused, incident took place---Murder incident took place at about 8:15 p.m. and it was reported to police through written application moved in DHQ Hospital around 11:00 p.m.---Complaint was later dispatched to police station through a Constable for the registration of formal FIR---In every case of homicide the afflux of time which is consumed in the registration of FIR has its own importance---Promptly registered FIR is generally considered a ground favourable to the prosecution as it normally excludes the possibility of concoction and besides that gives clue about the acclaimed presence of eye-witnesses at the spot---On the other hand, some unexplained delay reflects adversely upon the case of prosecution and gives rise to the hypothesis about possible absence of witnesses from the crime scene and at the same time ignites theories of some fabrication and padding of facts---In the present case, it was noticed that the incident took place at about 8:15 p.m. and though police station was situated at a distance which could be covered within two minutes of walk, as was evident from column No.4 of FIR, but still the FIR was registered with delay of three hours and ten minutes---Surprisingly, instead of transmitting the information of crime to police immediately after the occurrence, the needful was done in DHQ Hospital for which no explanation was offered---Circumstances established that the prosecution failed to bring home guilt against the accused through unimpeachable, trustworthy and reliable evidence---Appeal against conviction was accordingly allowed.

(b) Penal Code (XLV of 1860)---