Law: Penal Code (XLV of 1898)

Section: 302(b), 337-H(2), 504, 114, 147, 148, 149

(a) Penal Code (XLV of 1860) Ss. 302(b), 337-H(2), 504, 114, 147, 148 & 149---Qatl-i-amd, rash or negligent act to endanger human life or personal safety of others, intentional insult with intent to provoke breach of the peace, abettor present at the time of committing offence, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Material contradictions between eye-witnesses---Accused were charged for committing murder of the uncle of complainant by using deadly weapons---Prosecution case rested upon complainant and his brother---Complainant stated dispute existed for a month, whereas eye-witness stated dispute arose on day of occurrence---Contradictions also appeared regarding lodging of FIR, presence at scene, sequence of firing and distance---Complainant admitted FIR was not recorded on his statement---Such inconsistencies eroded credibility of ocular account---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860) Ss. 302(b), 337-H(2), 504, 114, 147, 148 & 149---Qatl-i-amd, rash or negligent act to endanger human life or personal safety of others, intentional insult with intent to provoke breach of the peace, abettor present at the time of committing offence, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Unexplained delay in lodging FIR---Indication of deliberation and consultation ---Accused were charged for committing murder of the uncle of complainant by using deadly weapons---Occurrence took place on 17.02.2014 at 06:00 p.m. whereas FIR was lodged on 19.02.2014 at 03:00 p.m.---Explanation regarding hospital formalities remained uncorroborated---Medical evidence showed dead body reached hospital on same evening through police---Delay remained unexplained and indicated deliberation and consultation---Appeal against conviction was allowed, in circumstances.        Mehmood Ahmed and others v. The State and another 1995 SCMR 127; G.M. Niaz v. The State 2018 SCMR 506 and Zafar v. The State and others 2018 SCMR 326 rel. (c) Penal Code (XLV of 1860) Ss. 302(b), 337-H(2), 504, 114, 147, 148 & 149---Criminal…