Law: Penal Code (XLV of 1860)

Section: 302(b),

(a) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay of one hour and thirty five minutes in reporting the matter to the police--Consequential---Accused was charged for committing murder of the sister of complainant by firing---Motive behind the occurrence was that the accused was forcing deceased to enter into a marriage, but due to her refusal, the accused murdered her---Incident took place on 08.11.2018 at 03.00 p.m.---Police station was at a distance of 4.5 kilometers from the place of occurrence---Prosecution had not given a reason for the delay in lodging the FIR---However, it could be found from the FIR that it was not mentioned therein that the complainant went to the police station to report the incident, nor was it mentioned that on hearing about the incident, police reached the spot and complainant reported the incident to the police---Complainant did not explain the reason for not lodging the report with the police of the incident of murder of his sister, which took place in the house of his sister in his presence---Delay in lodging the FIR often resulted in consultation and deliberation, which was creature of an afterthought---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was accordingly allowed.(b) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Chance witnesses---Presence of complainant and eye-witnesses at the spot doubtful--Accused was charged for committing murder of the sister of complainant by firing--In the present case, the deposition of the Investigating Officer revealed that on receiving information about the murder, he reached the place of occurrence at 04:10 p.m., even then, the complainant, took 25 minutes to report the incident---Thus, it was found from the evidence of the complainant that he had reported the incident of murder of his sister, which occurred in her house in his and eye-witnesses' presence at 04:35 p.m. on 08.11.2018 with the delay of one hour and 35 minutes, which created doubt about the presence of the…