Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302/148/149---Reappraisal of evidence---First Information Report, delay of 17 hours in lodging of---Distance between police station and place of occurrence was ten (10) miles---Registration of F.I.R. on basis of written complaint disclosed presence of two other eye-witnesses at the spot along with complainant---Incident was not reported to police by any of those eye-witnesses before filing of written complaint---Delay of 17 hours in lodging F.I.R. was not explained by complainant---Effect---Such delay had provided sufficient time to complainant for deliberation and consultation to fabricate story---Possibility could not be ruled out qua false implication of accused---Such unexplained delay would lead to inference that occurrence was un-witnessed. (b) Penal Code (XLV of 1860)--- ----Ss. 302/148/149---Qanun-e-Shahadat (10 of 1984), Art.46---Reappraisal of evidence---Conviction of -Petitioner and acquittal of six co-accused on basis of same evidence---Validity---F.I.R. contained general allegations against all accused---Registration of F.I.R. with delay of 17 days on basis of written, complaint disclosed presence of two other eye-witnesses at the spot along with complainant---Incident had not been reported to police by any other eye-witness before filing of written complaint---Complainant had not explained such delay, which had provided him sufficient time of deliberation and consultation to fabricate story---Possibility could not be ruled out qua false implication of -Petitioner---Such unexplained delay would lead to inference that occurrence was un-witnessed---Dying declaration of deceased was in conflict with report of doctor---No independent evidence was available on record to connect -Petitioner with commission of offence---Conviction and sentence of -Petitioner was set aside in circumstances. Ghulam Muhammad's case PLD 1975 SC 588; Sheral alias Sher Muhammad's case -1999 SCMR 697; Ata Muhammad's case 1995 SCMR 599; Faiz Bakhsh's case PLD 1959 PC 24; Nadia's case 42 Cr.LJ 53; Muhammad's case PLD 1954 FC 84; Sher Bahadar's case 1972 SCMR 651 and Muhammad Afsar's case PLD 1954 FC 171 rel. (c) Qanun-e-Shahadat (10 of…

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