Law: Penal Code (XLV of 1860)

Section: 302(b),324

Law: Criminal Procedure Code (V of 1898)

Section:

(a) Penal Code (XLV of 1860)-------Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay of three hours and thirty minutes in lodging the FIR---Consequential---Accused was charged for committing murder of the brother of complainant and causing firearm injuries to his wife by firing---Record showed that the occurrence occurred at 03.30 a.m. (night), and the distance between the place of occurrence and the police station was 5/6 kilometers---Complainant took three hours and thirty minutes to report the incident to the police at the police station---In the prosecution evidence, there was a severe flaw to precisely fix the time when the incident was reported to the police---Said aspect of the matter was sufficient to cast doubt about the authenticity of the FIR---Inordinate delay of three hours and thirty minutes from the time of the commission of the offence remained unexplained and rendered the whole of the prosecution version doubtful--Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was accordingly allowed.Iftikhar Hussain and another v. The State 2004 SCMR 1185 rel.(b) Penal Code (XLV of 1860)-------Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Benefit of doubt---Non-recovery of Shalwar/trouser of injured--Consequential---Statement of injured not recorded---Accused was charged for committing murder of the brother of complainant and causing firearm injuries to his wife by firing---Admittedly, the incident occurred inside the deceased's house at odd night hours---Eye-witnesses failed to explain why Shalwar/trouser of injured was not secured by the Investigating Officer during the investigation or handed over by the Medical Officer---Non-handing over the Shalwar of injured had much significance in the instant case---As per the prosecution case, injured opened the door of the house after accused knocked the same---It did not appeal to the prudent mind that a woman without Shalwar/trousers would come forward to do any work in our social setup---Prosecution's…