Law: Penal Code (XLV of 1860)

Section: 302(b),34

Law: Criminal Procedure Code (V of 1898)

Section: 342,417

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

Section: 27

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence Benefit of doubt---Delay of about 02-hours in lodging the FIR---Consequential--Accused was charged that he along with his co-accused committed murder of the son of complainant by firing---Incident place on 08.01.2020 at about 05.10 pm at a distance of 09-kilometers from police station---Information of crime was reported by complainant through statement made before Investigating Officer upon his arrival at the spot at about 06.30 pm on the eventful day and FIR was chalked out at 07.05 pm---In this way, FIR in this case seemed to have been registered within two hours---However, according to the inquest report, Investigating Officer received information regarding the happening of crime at 5:10 p.m. on 08.01.2020 who during cross-examination stated that he arrived at the place of occurrence in pursuance of call on '15' at 5:30 p.m. i.e. within twenty minutes of the occurrence---However, astonishingly the statement of complainant was recorded by Investigating Officer at 6:30 p.m.---From the narration of said facts, it could easily be gathered that Investigating Officer reduced into writing the statement of the complainant after one hour of his reaching at the spot and in that regard the prosecution failed to give any satisfactory explanation---Thus, one hour time was spent to arrange witnesses who got registered FIR after deliberation while specifying the role of each accused as per their choice---Even otherwise, the question as to what task Investigating Officer kept on performing after his arrival at the crime scene was shrouded in mystery and made the case of the prosecution highly doubtful--Appeal against conviction was allowed, in circumstances. Ghulam Abbas and another v. The State another 2021 SCMR 23 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence--Benefit of doubt---Ocular account not proved---Accused was charged that he along with his co-accused committed murder of the son of complainant by firing--As per FIR at the relevant time accused, since acquitted, raised…