Law: Criminal Procedure Code, 1898

Section: 154

Law: Pakistan Penal Code, 1860

Section: 302

  (a) Criminal Procedure Code (V of 1898)------   -- S. 154-First Information Report-First information moving Investi gating AgeneyA "rukka" (chit) allegedly written by lambardar of village to S. H. O. Police Station concerned-Police official present in police station at time-Bound to have registered case on basis of such chit-Chit incorporated in Daily Diary but copy produced in Court neither giving name of assailant nor time and date of incident-F. I. R. recorded at spot by Investigating Officer in circumstances, held, cannot be termed as F. I. R. but at most a statement recorded under S. 161, Cr. P. C., 1898-Criminal Procedure Code (V of 1898), S. 161.-[First Information Report].   Ghulam Siddique v. Station House Officer, Saddar, Dera Ghazi Khan P L D 1979 Lah. 263 ref.   (b) Criminal Procedure Code (V of 198)------   -- S. 154--First Information Report-Delay-Report recorded about 1 hours after arrival of S. H. O. at spot-Such unexplained delay giving ample time to complainant party for consultations and delibera tions-Delay in lodging so-called F. I. R., held, totally destroys prosecution case.-[First Information Report-.Delay].   (c) Witness-----   -- Child witnesses though disinterested witnesses yet positively under influence of Investigating Agency since unless tutored they could not have possibly stated accused having been armed with a rifle and using same in commission of offence.   (d) Penal Code (XLV of 1860)-------   -- S. 302-[Murder-case]-First Information Report not recorded as F. I. R. and a belated information treated as F. I. R. such latter infor mation having been lodged on arrival of S. H. O. at spot after 21 hours-Prosecution witnesses contradicted in their statements by evidence of medical expert-One of deceased women alleged to have been kneading "Atta" at time of firing but Investigating Officer neither recovering such "Atta" nor pot concerned nor inquest report or doctor's statement containing any reference to deceased's hands having been covered with "Atta"Statements of prosecution witnesses also not in line with site plan prepared by…