Law:

Section:

Medical Jurisprudence-- ----Blackening marks--Principles--Such an opinion of doctor is contrary to well-settled principles of medical jurisprudence as well as of ballistic science, hence, is destined to be discarded--According to medical jurisprudence, blackening occurs when a shot is fired from a distance of 6 to 12 inches and vanishes if distance is more than three feet. "A Text Book of Forensic Medicine and Toxicology" Authored by Dr. S. Siddiq Husain and Amin Ali and another v. The State 2011 SCMR 323, ref. Dishonest improvements-- ----It is settled law that dishonest improvements made by witness in his statement before Court are to be discarded from consideration. Ibrar Hussain and others 2007 SCMR 605 and Muhammad Naeem Inayat v. The State 2010 SCMR 1054, ref. Evidence-- ----Interpretations--Held: It is settled principle that when from perusal of entire evidence, two interpretations are possible then interpretation or theory which favours defence is to be accepted. Qurban Hussain alias Ashiq v. The State 2010 SCMR 1592, ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--It is quite natural that if a close one receives a fire-arm injury and more so in presence of a relative, first thing which is expected from him is that he will make best of his efforts to shift injured to a nearby hospital--Even critically injured persons with no symptoms of survival are shifted to hospital for medical treatment, as last ditch efforts--However, in instant case, despite there being an admission on part of PWs that deceased died approximately fifteen minutes thereafter, they made no effort to save her life--Post-mortem-examination report of deceased and have found that probable time that elapsed between injury and death was 30-minutes--Such conduct of PWs casts big doubt regarding their presence at crime scene--An in-depth analysis of testimony of two witnesses reveals that both of them made improvements, while appearing in Court--Such improvements were duly attended to by defence and both of them were accordingly confronted with their previous statements--Held:It is time tested principle of law that…

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