Table of Contents
- Introduction
- Delay in FIR and Postmortem
- Accused “R” Acquitted
- Accused “A” Found Guilty
- Doubtful Weapon Recovery
- Final Decision
- About Muhammad Amin Advocate
1. Introduction
This case involves a murder. The victims were the complainant’s son and the sister of one of the accused. The police charged the accused under sections 302, 364, 147, and 149 PPC. These sections deal with murder, kidnapping for murder, and rioting.
2. Delay in FIR and Postmortem
The FIR was registered 5 hours and 30 minutes after the incident. The police station was 12 kilometers away from the crime scene. The court said this delay was acceptable.
But there was a delay in postmortem. The postmortem on the male deceased took place after 14 hours and 45 minutes. The female deceased’s postmortem was done after 15 hours. This raised doubts. The court said such delay showed that no one saw the incident and fake eyewitnesses were arranged later.
3. Accused “R” Acquitted
Accused “R” did not confess in court. He denied the charges under Section 342 Cr.P.C. No strong evidence was found against him. The court gave him the benefit of the doubt. It allowed his appeal and acquitted him.
4. Accused “A” Found Guilty
Accused “A” had strong evidence against him. The court said he committed both murders. But he did it under grave and sudden provocation. The court accepted that he acted in a sudden emotional state. So, instead of a death sentence, the court gave him 14 years in jail under Section 302 PPC.
5. Doubtful Weapon Recovery
The police recovered a blood-stained kappa (sharp tool) from accused “A”. But the recovery happened after one month and three days. The court said this was too late. During this time, the accused could have cleaned the weapon. Also, blood stains usually disappear in a month. So, the court said this recovery was not reliable.
6. Final Decision
- The court acquitted accused “R” due to lack of evidence.
- The court convicted accused “A” and gave him 14 years in jail for murder.
- The court rejected the weapon recovery due to delay and doubt.
7. About Muhammad Amin Advocate
Muhammad Amin Advocate is a licensed lawyer based in Peshawar. He has over 7 years of experience in criminal and civil cases. He provides expert legal services in person and online. You can contact him at Office No. 14, Zeb Plaza, University Road, Tahkal Payan, Peshawar, or call at 0313 9708019.
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