Law: Penal Code (XLV of 1860)

Section: 302(b),109

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 109---Qatl-i-amd, abetment---Appreciation of evidence--Benefit of doubt---Delay of about nine hours and twenty-five minutes in lodging the FIR---Consequential---Accused was charged for committing murder of the husband of complainant by firing---According to the prosecution's perspective the occurrence took place on 06.11.2021 at 11:00 a.m. and was alleged to have been seen by complainant and her nephew but the matter was reported to the police on the same day at 08:25 p.m. i.e. with delay of about nine hours and twenty-five minutes, despite the fact that police station was just fifteen kilometers from the place of occurrence---In such a situation if those witnesses were present at the place of occurrence and also witnessed the scene of occurrence then such an inordinate and unexplained delay in lodging the FIR would never have occurred---Circumstances established that the prosecution had failed to prove its case against the appellant beyond the shadow of doubt--Appeal against conviction was allowed, accordingly. Mehmood Ahmed and others v. The State and another 1995 SCMR 127; Muhammad Nawaz and another v. The State and others 2024 SCMR 1731 and Zafar Ali Abbasi and another v. Zafar Ali Abbasi and others 2024 SCMR 1773 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 109---Qatl-i-amd, abetment---Appreciation of evidence--Benefit of doubt---Presence of the eye-witnesses at the spot doubtful---Accused was charged for committing murder of the husband of complainant by firing--After the occurrence which took place at 11:00 a.m. the said witnesses remained at the spot with the dead body till 07:00 p.m.---If complainant was having mobile phone at the time of occurrence then she should have immediately made call to 1122 or 15 service after the occurrence instead of making call to a given up witness and waiting for his commands---Furthermore, during the cross-examination both the eye-witnesses claimed that they shifted the deceased to the hospital on an ambulance/vehicle but they did not disclose the registration number of the ambulance/vehicle or name of the driver of that ambulance/vehicle which also…