Law:

Section:

Penal Code (XLV of 1860)-- S.302 [Murder case] Blood stained earth and hatchet secured from courtyard of deceased's father's house Blood proved of human origin Gun also recovered from appellant accused Prevention story proved in entirety by deceased's lather but other two prosecution witnesses turning hostile and their committal Court depositions brought on Sessions file under S. 288, Cr. P. C.¬ Deceased's father having no reason to falsely implicate his son in-¬law (accused) Nothing on record laying foundation for inference of deceased having been killed at night Time of occurrence estab¬lished from medical evidence Presence of prosecution witnesses at time of occurrence natural Delay in lodging F. I. R. due to persua¬sion by relatives of accused not to involve him as appearing from com¬plainant's conduct in agreeing to appointment of a Main to find out if accused involved in crime Delay in making F. I. R., per se, not fatal in face of direct evidence implicating appellant Witnesses turn¬ing hostile in trial Court not challenged in cross examination with regard to their veracity or details of incident when giving statements before committal Court and resiling from their previous statements under pressure Evidence against acquitted accused not same a3 against accused appellant hence no reason to acquit appellant and besides acquittal not based on sound reasons Appraisal of evidence by Courts below, held correct and appellant rightly convicted [Per Qaisar Khan, J. contra) Courts not to filed out flimsy explanations genuine doubts created in prosecution evidence but prosecution alone bound to explain doubts in reasonable and plausible way No explanation for extreme delay in lodging F.I. R. forthcoming from prosecution side Extreme delay leading to irresistible conclusion of occurrence having taken place at dead of night without being noticed by any body and of F. I. R. being lodged after consultations¬ Dead body appearing to have been sent to mortuary at 10/11 a.m. on next day and such fact showing occurrence having taken place at night Maker of F. I. R. not taking crime axe with him to Police Station showing occurrence not having taking place at danger time and…

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