Law: Criminal Procedure Code (V of 1898)

Section: 154,162

Law: Penal Code (XLV of 1860)

Section: 302

  Criminal Procedure Code (V of 1898), Ss. 154 & 162 First Information Report recorded at place of occurrence after preliminary investigation - Inadmissible in evidence Practice deprecated-Penal Code (XLV of 1860), S. 302.   Often the Police Officers conveniently show themselves to be present somewhere in the vicinity where the occurrence has taken place. The inference is unavoidable in such cases and the Court has to presume that the first information report was recorded at the place of occurrence after preliminary investigation by the Investigating Officer. Such a practice is to be deprecated. The Police Officers should put the case of the prosecution in a straightforward manner to the Courts, and not thwart the administration of justice. A first information report after the police investigation has started, being a statement of a person before the police, is inadmissible in evidence and cannot be taken into consideration.   Penal Code (XLV of 1860), S. 302-Ascertaining exact time of death of deceased-State of digestion of food in stomach Not reliable test.   Penal Code (XLV of 1860), S. 302-Sentence-Mother of accused living with deceased without nikah (for past 13 or 14 years)-Conviction under S. 302 upheld but sentence, in circum stances of case, reduced from death to transportation for life.   Dates of hearing: 23rd December 1965 and 4th January 1966, JUDGMENT   SHAUKAT ALI, J.-Ali Sher, who was tried by the learned Additional Sessions Judge, Multan, for the murder of Jalal Din, his step-father on the night intervening 7th and 8th of August 1963, was convicted under section 302, P. P. C. to suffer death. The convict has appealed and the case is also before us under section 374, Criminal Procedure Code for the confirmation of the sentence of death. This judgment will dispose of the appeal as well as the reference.   According to the prosecution, the appellant is the son ofMst. Noor Sain (P. W. 4) from the wedlock of Ilahi Bakhsh, her former husband. The relations between the two spouses became strained. Mst. Noor Sain P. W. was abducted by Jalal Din deceased about 13 or 14 years before the occurrence and was residing…