Law: Penal Code (XLV of 1860)

Section: 302(b),34

Law: Qanun-e-Shahadat (10 of 1984)

Section: 122,129(g)

(a) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Apprecia-tion of evidence---Delay of 03 hours and 45 minutes in lodging the FIR---Consequential---Accused was charged for committing murder of his wife/sister of complainant by cutting her neck with churri---Incident in the present case, according to the prosecution, was alleged to have taken place on 14-10-2020 at about 06:30 a.m. and the same was reported by complainant through his statement on the basis of which formal FIR was chalked out on 14-10-2020 at 10:15 a.m.---There was a delay of 03 hours and 45 minutes in reporting the matter to the police---Fact remained that police station was 13 kilometers away from the place of occurrence---No plausible explanation for the said delay in lodging the FIR had been brought on the record---Said delay in setting the machinery of law into motion spoke volumes against the veracity of prosecution version---Appeal against conviction was allowed, in circumstances.Amir Muhammad Khan v. The State 2023 SCMR 566 and Muhammad Jahangir and another v. The State and others 2024 SCMR 1741 rel.(b) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Apprecia-tion of evidence---Delay of 08 hours and 30 minutes in conducting the postmortem upon the dead body of the deceased--Consequential---Accused was charged for committing murder of his wife/sister of complainant by cutting her neck with churri---Postmortem on the dead body of deceased was conducted on 14-10-2020 at 03:00 p.m., with the delay of 08 hours and 30 minutes after the occurrence---Keeping in view, the said gross delay in the post mortem examination, an adverse inference could be drawn that the prosecution witnesses were not present at the time of occurrence and the intervening period had been consumed in fabricating a story after preliminary investigation, otherwise there was no justification of delay for conducting postmortem examination on the dead body of the deceased---Appeal against conviction was allowed, in circumstances.Sufyan Nawaz and another v. The State and others 2020 SCMR 192 and Muhammad Adnan and another v. The State and others 2021 SCMR 16 rel.(c) Penal Code (XLV of 1860)-------S.…