Law: Penal Code (XLV of 1860)

Section: 302(b),324,427,148,149

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 324, 427, 148 & 149---Qatl-i-amd, attempt to commit qatl-iamd, mischief causing damage to the amount of fifty rupees, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Place of reporting the incident to the police doubtful---Accused were charged for committing murder of three brothers of the complainant by firing---It was admitted by the complainant that while going to the hospital,three Police Stations fell in the way, but the complainant did not report the matter in the Police Station, rather the dead bodies were shifted to the hospital---Distance between a Police Station and the spot was shown as 2 kilometers, but surprisingly, the report was not made in the very Police Station despite the fact that the Medical Officer disclosed the death as immediate---Matter was reported to one SI who took it in the shape of murasila,whereas the injury sheets and inquest reports were prepared by another SI, in the hospital, but none of those witnesses were posted in the casualty ward of the hospital, rather their attendance was procured when the information was conveyed to the Police Station---Record further told that both the said SIs/witnesses were posted at different stations, then question was as how the two reached the hospital at one and the same time---Complainant in his court statement disclosed that after reporting the matter in the hospital, he went to the Police Station and on his information the FIR was registered---When the statements of the scribe, the complainant and witnesswere placed in juxtaposition, no ambiguity was left that the matter was reported in the Police Station and thereafter the dead bodies were shifted to the hospital---As the Medical Officer confirmed that soon after receiving firearm injuries the deceased died on the spot, so there was every possibility that the dead bodies were taken to the Police Station and the matter was reported---When the statements of all the three witnesses were read in juxtaposition, no ambiguity was left that the dead bodies were brought to the Police Station and the matter was reported---Circumstances established that the…