Law: Penal Code (XLV of 1860)

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

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

Section: 129(g)

(a)    Penal Code (XLV of 1860)-------Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Delay of one hour and fifteen minutes in reporting the matter to police---Consequential---Accused were charged for committing murder of the brother of complainant by firing and also causing firearm injury to his uncle--As per the prosecution case, the incident took place at 03:00 p.m., and soon after the incident, the complainant proceeded to the police station to report the incident to police and he met with Inspector (since dead) at a bridge--Complainant handed over a written complaint at 04:15 p.m. to said Inspector (since dead)---Inordinate delay of one hour and 15 minutes in reporting the incident had not been explained by the prosecution, even though the matter was not reported to police in the police station, and the same was reported at some other place---Delay in lodging the FIR often results in embellishment, a creature of an afterthought---Appeal against conviction was allowed, in circumstances.(b)    Penal Code (XLV of 1860)-------Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Presence of witnesses at the time and place of occurrence not proved---Accused were charged for committing murder of the brother of complainant by firing and also causing firearm injury to his uncle---Injured witness, paternal uncle of the complainant, and deceaseddeposed that after the incident, police reached the place of occurrence---Meaning thereby that till the arrival of police the injured witness was not shifted to the hospital for medical treatment, although he received firearm injuries, thus the injured remained lying injured at the place of occurrence for one hour and 15 minutes---No one bothered to shift the injured to the hospital for medical treatment, which proved that the witnesses were not present at the spot---Appeal against conviction was allowed, in circumstances.(c)    Penal Code (XLV of…