Law: Penal Code (XLV of 1860)

Section: 302(b),34

(a) Penal Code (XLV of 1860)-------Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence--Accused were charged for committing murder of the uncle of the complainant--Record showed that the deceased was done to death in the street on 15.08.2020 at 10:50 a.m., whereafter FIR was lodged on the same day i.e. 15.08.2020 at 12:40 p.m. on the statement of his maternal nephew/complainant---Complainant while claiming himself to be the eye-witness of the occurrence stated that coaccused/acquitted accused took out their pistols while raising "lalkara" that deceased should not be spared today, meanwhile, accused made fire shot with his pistol hitting on abdomen of deceased who fell down; and second fire shot made by said accused hit on left side of neck of deceased---Other accused also made fire shots hitting on left arm, left leg and other parts of body of deceased who succumbed to the injuries at the spot---Inquest report was prepared by the Investigating Officer after reaching at the place of occurrence where dead body was lying but till that time FIR was not registered---According to inquest report, two persons (who had not been produced before the Trial Court) present there had identified the dead body of deceased who were sent with the dead body for post-mortem examination under the escort of Head Constable---Names of complainant and his cousin who claimed themselves to be the eye-witnesses of the occurrence were not mentioned in it---Names of the accused persons were also not mentioned, rather nothing was mentioned in column "Brief Summary of Facts" regarding facts of the case---No reason for such lapses was available, so an inference could be drawn that till then, names of the complainant, eyewitnesses and accused were unknown and it was an unseen occurrence---In such circumstances, possibility could not be ruled out that FIR was lodged after due consultation and deliberation by cooking up a story, and preparing eye-witnesses for involving the accused persons---Appeal against conviction was allowed, in circumstances.Mst. Yasmeen v. Javed and another 2020 SCMR 505 rel.(b) Penal Code (XLV of 1860)-------Ss. 302(b) & 34---Qatl-i-amd, common…