Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay of seven hours in conducting post-mortem---Consequential---Accused was charged for committing murder of the son of complainant by firing---Post-mortem report showed that the dead body was received in the dead house on 11.03.2022 at 12:30 a.m. whereafter police papers were received by the Medical Officer at 05:00 a.m., then post-mortem was conducted with an unexplained delay of more than seven hours from the time of occurrence---Such delay was generally suggestive of a real possibility that time had been consumed by the police in procuring/planting eye-witnesses, involving the appellant-convict and in cooking up a story for the prosecution before preparing police papers necessary for getting a post-mortem examination of the dead body conducted---Appeal against conviction was accordingly allowed.Irshad Ahmad v. The State 2011 SCMR 1190 rel.(b) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Night time occurrence--Source of light not established---Accused was charged for committing murder of the son of complainant by firing---Complainant and her husband furnished ocular account of the incident---Complainant stated in her cross-examination that source of light was not mentioned in her statement, upon which FIR was lodged before the police---Complainant further stated in her cross-examination that her examinationin-chief was recorded on 23.06.2022 but she had not mentioned the source of light therein---Complainant had also not stated in her examination-in-chief that she told the police about the source of light in her statement before police and police had not recorded such fact---Husband of complainant had also not disclosed the source of light at relevant time even in his examination-in-chief---Investigating Officer admitted in his cross-examination that no source of light was available at the spot and during the inspection he had not collected any source of light at the spot---In such circumstances, identity of the appellant in dark hours of the night at a distance of 88/90 feet, (as mentioned in site plan) when he was heading in…

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