Law: Pakistan Penal Code, 1860

Section: S. 302

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Murder--First Information Report--Unexplained delay of six hours--Deliberation and consultation--Occurrence took place at about 7:30 p.m., while matter was reported at 1:35 a.m. despite police station being only five kilometres away. Prosecution offered no explanation for delay. Such inordinate delay indicated consultation and calculated preparation of report, spoke against veracity of prosecution version and allowed room for nomination of persons whom complainant ultimately wished to implicate.                                                                                              [Para 6] A Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Chance and interested witnesses--Close relationship with deceased--Independent corroboration--Cautious scrutiny--Ocular account was furnished by two sons of deceased who were both interested and chance witnesses--Their asserted presence was not established by record--Testimony of a chance witness is ordinarily suspect unless a convincing explanation, appealing to a prudent mind, accounts for his presence at crime scene; without independent corroboration such evidence must be scrutinized with extreme caution and cannot be accepted lightly.      [Para 15] B Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Presence of eyewitnesses--Contradictory accounts--Bloodstained clothes not produced--Adverse effect--Witnesses and Investigating Officer contradicted one another as to who was present when complaint was recorded. Although witnesses claimed to have handled and transported bleeding deceased, neither produced bloodstained clothes, and Investigating Officer noticed none. Chemical…