Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay of one day in lodging FIR---Inconsequential---Accused was charged for committing murder of wife of complainant by causing her knife/dagger injuries---Admittedly the FIR was lodged after a delay of one day however it had been fully explained as the complainant first had to take his deceased wife to the hospital who at that time was seriously injured but alive so his priority was to take her immediately to hospital where unfortunately she died and her body was then taken to another hospital where a post mortem was performed; then he had to make the funeral arrangements while being in a state of shock---Once the funeral had been carried out the FIR was immediately lodged---Even otherwise, the police had been informed by the complainant about the incident and in particular that the appellant had murdered the complainant's wife with a knife within an hour of the incident---As such based on the particular facts and circumstances of the case the delay in lodging the FIR was not fatal to the prosecution case---Appeal against conviction on two counts was dismissed except his acquittal to the extent of the murder of the unborn child.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---Ocular account supported by medical evidence---Accused was charged for committing murder of wife of complainant by causing her knife/dagger injuries---Ocular account of the incident had been furnished by three eye-witnesses including complainant---Complainant was husband of the deceased who stated that on 02.01.2019 at about 01.40 pm he was returning from hospital with his wife/deceased, however, when they reached the gate of a school, he came across his son-in-law/accused---Accused asked the deceased where his wife was who was the complainant's daughter--When his wife/deceased replied that he did not know then the accused took out a knife and caused blows to his wife's abdomen and other parts of her body--Complainant was related to the deceased and also to the accused however no enmity or dispute had been…