Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302/34---Qatl-e-amd, common intention--Bail, refusal of---Accused and co-accused persons were alleged to have killed complainant's brother (deceased)---Accused was assigned specific role of firing at the deceased---Accused contended that there was material contradictions between ocular and medical evidence as according to ocular evidence the fatal injury was caused by the accused on the right side of deceased's neck whereas postmortem report showed said injury on the upper side of the chest---Validity---Examination of F.I.R., mashirnama of dead body and postmortem report showed that there was no conflict between medical and ocular evidence---Slight difference of inches about the seat of injury could not be termed as conflict in medical and ocular evidence---Complainant had reported a firearm injury which was supported by postmortem report, therefore, plea of conflict in medical and ocular account carried no weight---Accused was assigned specific role of causing fatal shot to the deceased---F.I.R. was lodged within 30 minutes of the incident---Weapon was recovered from accused during course of investigation---Offence alleged fell within the prohibitory clause of S. 497, Cr.P.C---Bail application of accused was dismissed, in circumstances. Syed Abdul Baqi Shah v. The State 1997 SCMR 32 and Moeen Butt v. The State 2004 PCr.LJ 545 distinguished. Syed Mahboob Shah v. The State 1995 SCMR 1099; Syed Abdul Baqi Shah v. The State 1997 SCMR 32 and Amanullah v. The State PLD 2009 SC 542 ref. (b) Criminal trial--- ----Appreciation of evidence---Assessment of medical evidence---Place of injury---Slight difference between ocular account and medical evidence---Effect---Slight difference of inches about the seat of injury could not be termed as conflict in medical and ocular evidence. ORDER SALAHUDDIN PANHWAR, J.---Applicant Ameer Bux alias Kuraro has moved this Application under section 497, Cr.P.C, in Crime No.212 of 2011 of Police Station 'B' Section, Khairpur, registered for offence under sections 302, 34, P.P.C. The relevant facts leading to the case are as set out in F.I.R., are that…

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