Law: Penal Code (XLV of 1860)

Section: 302(b),324,449,337A(i),109,34

Law: Criminal Procedure Code (V of 1898)

Section: 161

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 324, 449, 337-A(i), 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, house trespass, shajjah-i-khafifah, abetment, common intention--Appreciation of evidence---Lodging of FIR with promptitude---Accused were charged for committing murder of the brother of complainant along with his minor son by firing whereas other son of the deceased sustained firearm injuries---According to the prosecution version, occurrence had taken place on 27-06-2016 at about 8:30 pm---Place of occurrence was situated at a distance of 03 kilometers from Police Station, while the machinery of criminal law was set into motion by complainant through written application submitted to Investigating Officer on the same night at 10:00 pm and in consequence thereof, FIR was chalked out during the same night at 10:20 pm---Circumstances showed that the matter was reported to the police with sufficient promptitude---Appeal against conviction was dismissed, in circumstances.Shamsher Ahmad and another v. The State and others 2022 SCMR 1931 rel.(b) Penal Code (XLV of 1860)-------Ss. 302(b), 324, 449, 337-A(i), 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, house trespass, shajjah-i-khafifah, abetment, common intention--Appreciation of evidence---Delay of nine to ten hours in conducting the postmortem examination on the dead bodies of deceased persons---Inconsequential--Accused were charged for committing murder of the brother of complainant along with his minor son by firing whereas other son of the deceased sustained firearm injuries---It was alleged that there was delay of about nine to ten hours in conducting post-mortem examinations on the dead bodies of the deceased persons for which the prosecution had not given any explanation, meaning thereby, the witnesses were not present at the time and place of occurrence and prosecution remained busy in planning the fake witnesses and cooking up a false story, otherwise there was no reason for such delay---Validity---Evidently, two persons lost their lives at the spot whereas a child was seriously injured in this case, therefore, the conduct of complainant party was quite natural as their…