Law: Criminal Procedure Code, 1898

Section: 162

Law: Evidence Act, (1 of 1872)

Section: 137

Law: Penal Code (XLV of 1860)

Section: 302

(a) Criminal Procedure Code (V of 1898) S. 162 WitnessEvidenceF. I. R., evidentiary value ofCounter F. I. R. lodged by accused not inculpatory in nature and accused trying to give a version not holding him liable for intentionally killing deceasedSuch statement of accused in counter F. I. R., held, could be used against him.[WitnessEvidence]. Pakala Narayana Swami v. Emperor A I R 1939 P C 47 ref. (b) Evidence Act (I of 1872) S. 137 WitnessEvidence, admissibility ofComplainant proceeding from place of incident to his Nekmard and informing him about details of incident within 1/2 hour of occurrenceSuch statement, held, made "at or about time of incident", within meaning of expression appearing in S. 137, Evidence Act and hence statement of such corroborating witness could not be excluded on mere ground of delay of 1/2 hour in communicating him facts of incident.[Witness Delay]. Habibullah v. State P L D 1969 S C 127 eel. (c) Evidence Act (I of 1872) S. 137 WitnessEvidence, corroboratoryAdmissibilityConten tion that complainant not having given details of what he had told to his Nekmard immediately after incident, therefore, such Nekmard could not corroborate details of incidentContention, held, highly technical and not substantialSuch witness himself having visited spot and his statement giving details of incident, held further, could be used to substantiate story given by complainant.[Witness]. (d) Penal Code (XLV of 1860) S. 304 MurderEvidence, indivisibility ofOnly part assigned to acquitted coaccused by prosecution witness being that of mere grappling with deceased and not of causing any injury upon deceased Acquittal of coaccused in such circumstance, held, does not really affect veracity of such prosecution witnesses.[Witness]. Jalal v. State P L D 1973 Kar. 643; Rashid Ahmad v. State P L D 1976 Kar. 438 and Twalb Khan v. State P L D 1970 S C 13 ref. (e) Criminal Procedure Code (V of 1898)  S. 382B SentenceMitigationAccused remaining in confine ment for more than 2 years before convictionPeriod of 2 years, held, to be treated as period of sentence having been undergone and deductible from accused's period of sentence.[Sentence]. Dates of…