2023 SCMR 566
Crime report was lodged after more than five hours S. 302 ( b ) Qatl - i - amd- Reappraisal of evidence --- Benefit of the occurrence --- Distance between the place of occurrence and the police station was 21 kilometers --- Nowhere in the entire evidence , the prosecution had explained the reason for the delay in reporting the matter to the police with such a delay --- Delayed FIR showed dishonesty on the part of the complainant and that it was lodged with deliberation and consultation --- Sole eye witness of the occurrence stated that the accused allegedly decapitated the head of the deceased from the rest of his body , and that both the head and the body were separately picked up by the police - However , such stance of the witness was officer --- Record showed that the accused was the grandson of negated by the medical evidence and statement of investigating the deceased and he was being brought up by the deceased --- . Appellant alleged that due to the deceased would transfer his whole property in the name of accused , his father i.e. the complainant committed murder of his deceased - father --- When the accused had taken a specific stance and in support of the same had placed on record the relevant documents , the High Court ought to have taken into consideration the statement of the accused under section 342 , Cr.P.C. - Except for his oral assertion the complainant did not produce any independent evidence to substantiate the motive part of the prosecution story , therefore the prosecution had failed to prove motive --- So far as recovery of blood stained hatchet was concerned , the same was allegedly recovered on the pointation of accused from a thoroughfare , which was easily accessible to everyone ,therefore , the same is inconsequential --- Facts and circumstances of the present case were sufficient to cast a shadow of doubt on the prosecution case , which entitled the accused to the right of benefit of the doubt --- Appeal was allowed and accused was acquitted the charge ..
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