Law: Pakistan Penal Code (PPC),1860

Section: 302,324,34

Law: Criminal Procedure Code (V of 1898)

Section: 265-C,342,340(2)

REMARKSThe seat of injury on the body of the complainant is another circumstance, which confirms his presence on the spot, true that the stamp of injury under no circumstances would confirm that what the witness is telling is the whole truth, but once the witness establishes his presence on the spot and, once the court accepts him as a truthful witness, then his injury would confirm his presence on the spot and the present case is no exception. We cannot expect that the complainant would let off the killers by substituting his real uncle.ii. The learned counsel for the appellants invited the attention of this court to the post mortem reports of both the deceased and submitted that when the deceased were received in the hospital alongwith the complainant, then why the post mortem report was delayed till 12:40 am. The submissions of the learned counsel for the appellants would hardly convince, as the unfortunate incident occurred in an area which had recently been merged in the province of Khyber Pakhtunkhwa, because of the constitutional amendment, so not only the police, but the medical experts were lacking the required training. When such are the circumstances, then the procedural irregularities cannot be taken into consideration, that too for the acquittal of an accused.iii. When the witnesses remained consistent, when the matter was promptly reported and when the delay caused has…

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