Law: Pakistan Penal Code (PPC),1860

Section: 302

Law: Qanun-e-Shahadat Order, 1984

Section: 129(g)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Qatl-i-Amd--Delay of 04 hours in lodging of FIR--Delay of 3 hours and 30 minutse in post-mortem examination--Semi open eyes and mouth of deceased--Semi-digested contents in stomach of deceased and presence of rigor mortis--Dishonest improvements--No source of light--In-natural conduct of PW--Material contradictions--Acquittal of--The petitioner inflicted successive blows with Iron Darat on right side of head and left side of neck of deceased--Occurrence has been reported by complainant after a delay of 04 hours--Post-mortem examination on dead body of deceased was conducted after 3 hours and 30 minutse of time of report--Complainant (PW-7) has furnished ocular account of occurrence but he in his very examination-in-chief has made dishonest improvements--Complainant has not stated a single word in crime report about availability of any source of light either natural such as moon or artificial such as electric bulb etc in which he identified petitioner at spot--No source of light i.e. bulb has been taken into possession by I.O. nor has any source of electricity been established by prosecution--Conduct of complainant appears to be unnatural as he kept mum at spot due to fear like a silent spectator and did not react to rescue his son--The investigating officer has secured blood from beneath bed/Cot of deceased--He did not reflect any trail of blood from place of Cot of deceased till place where dead body of deceased was thrown in a field--The petitioner dragged his dead body for a distance of one acre--No blood has also been shown in site-plan or recovered by I.O. from said area of one acre--No scratch, bruise and abrasion have been noted by Dr. PW-1, who conducted autopsy--The statement of complainant is suffering from material contradictions which create serious doubt about his presence at spot at time of occurrence--His statement is not corroborated by tangible substance--Prosecution has failed to prove charge against petitioner/convict beyond reasonable doubt for giving benefit of doubt it is not necessary--He is acquitted from…