Law: Penal Code (XLV of 1860)

Section: 302(b), 324, 337-F(ii), 34

(a) Penal Code (XLV of 1860) Ss. 302(b), 324, 337-F(ii) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, causing badi'ah, common intention---Appreciation of evidence---Delay in FIR---Consultation---Presumption---Accused were charged that they while armed with knives, assaulted the complainant party, due to which brother of complainant died and one person was injured---In the instant case, the occurrence took place on 11.01.2020 at 5:45 p.m.---Inter-se distance between the place of occurrence and the police station was 1.5 kilometers---Incident was reported by the complainant, brother of the deceased, through his written complaint to Police Officer at 6:15 p.m., at THQ Hospital, who referred the written complaint to police station, through a Constable (not cited as witness), on the basis whereof, formal FIR was chalked out by Police Official on 11.01.2020 at 06:30 p.m.---From the evidence of the complainant, it revealed that the complainant straightaway went to THQ Hospital for medical treatment of both the injured---On reaching the hospital, brother of complainant succumbed to the injuries and the complainant reported the incident to the police at THQ Hospital---Complainant got drafted application for registration of a criminal case from his cousin---Non-mentioning of this fact in the application/complaint indicated that the complainant had not stated the complete truth---Complainant had not deposed that when and how his cousin came to know about the incident and as to when he reached THQ Hospital and wrote the application---Said cousin of complainant was cited as witness---First Information Report came into existence later on, after due deliberation and consultation---Appeal against conviction was allowed, in circumstances.        Allah Bachaya and another v. The State PLD 2008 SC 349 rel. (b) Penal Code (XLV of 1860) Ss. 302(b), 324, 337-F(ii) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, causing badi'ah, common intention---Appreciation of evidence---Delay of three hours and thirty minutes in conducting postmortem examination upon the dead body of the deceased---Consequential---Accused were charged that they…