Law: Penal Code (XLV of 1860)

Section: 302(b),449,148,149

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

Section: 129(g)

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 449, 148 & 149---Qatl-i-amd, grievous hurt committed by a person who knows or has reason to believe that the hurt will cause the death of the person against whom the act is committed, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Delay of eight days in lodging the FIR---Consequential---Accused were charged that they entered into the house of complainant, caused injuries to the inmates and also committed murder of the nephew of complainant---Complainant/maternal uncle of the deceased get the FIR lodged at 06:30 a.m. on 08.12.2020---Per the FIR, the alleged incident occurred on 02.12.2020 at 12:00 noon in the village---Incident was reported to the police with eight days delay---Complainant admitted in the complaint that the policemen arrived at the place of occurrence---Officials of the rescue 1122 service shifted deceased to the hospital in an injured condition, rather than the policemen who came to the scene and inquired into the incident verbally and took notes---Such notes were not made part of the record---Neither Investigating Officer collected the records of police helpline and rescue-1122 service during the investigation nor did he associate them in the investigation so that it could be revealed what statement the complainant had given on the place of occurrence or what report the police had made on the police helpline or rescue 1122 service---First Information Report was lodged with considerable delay, for which the prosecution's explanation was not plausible---Witnesses' conduct in keeping quiet and not reporting the matter immediately was most unnatural when police were with them soon after the incident and remained with them till the death of deceased at hospital---Circumstances established that the prosecution had failed to prove its case beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.(b) Penal Code (XLV of 1860)-------Ss. 302(b), 449, 148 & 149---Qatl-i-amd, grievous hurt committed by a person who knows or has reason to believe that the hurt will cause the death of the person against whom the act is committed, rioting armed…