Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Code of Criminal Procedure, 1898

Section: 154,161

(a) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay in lodging the FIR--Inconsequential---Accused was charged for committing murder of the cousin of complainant by hitting him with a brick---Record showed that the complainant proceeded to hospital with his injured relative who was given first aid before being sent to the Civil Hospital, where he was pronounced dead on arrival---Post-mortem of the deceased was carried out at hospital and the body was handed back to the complainant for burial---On the same day, FIR was lodged by the complainant and as such it was found that the slight delay in lodging the FIR had been fully explained and that delay was not fatal to the prosecution case based on the particular facts and circumstances of this particular case---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---Appeal against conviction was dismissed, in circumstances.Muhammad Nadeem alias Deemi v. The State 2011 SCMR 872 rel.(b) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Related witness, evidence of---Reliance---Accused was charged for committing murder of the cousin of complainant by hitting him with a brick---From the evidence, it transpired that the complainant/eyewitness was related to the deceased who was his cousin, however, no enmity or dispute had been proven between the eyewitness and the accused although there were differences between the deceased and the accused and thus his mere relationship to the deceased was no reason to discard his evidence which had to be judged on its own worth---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---Appeal against conviction was dismissed, in circumstances.Amal Sherin v. The State PLD 2004 SC 371 and Dildar Hussain v. Muhammad Afzaal alias Chala PLD 2004 SC 663 rel.(c) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Natural witnesses---Presence of eye-witnesses at the time and place of occurrence proved---Accused was charged for committing murder of the cousin of complainant by…