Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 337, 341 & 34---Qatl-i-amd, hurt, wrongful restraint, common intention---Appreciation of evidence---Eye-witnesses remained consistent almost on all the vital points of occurrence and not a single suggestion had been put to these prosecution witnesses regarding their presence at the place of occurrence or the manner of occurrence---Mere relationship of witnesses was no ground to discard their evidence, however, court could ask for corroboration if there were lacunae in prosecution evidence---No previous enmity existed between the parties and the occurrence was a sudden affair in which deceased lost his life---Narration contained in FIR had corroborated the statements of eye-witnesses---Cause of death had not been disputed by the defence---Investigating Officer had exhibited the injury sheet and deposed in court accordingly; even otherwise medical evidence was only an expert opinion which could not always be accepted with mathematical precision and alternatively its absence would not affect the merits of the case if the evidence was straight-forward and reliable---Accused was also directly charged in the FIR---Proclamation under S.204, Cr.P.C. was issued against accused and his co-accused but they went underground and were arrested after one and a half year and such long abscondance remained unexplained---Abscondance of an accused could not remedy the defects in the prosecution case neither it was necessarily indicative of guilt, however, but long and unjustified abscondance without any explanation could be taken as a corroboratory evidence---Accused had rightly been convicted by the Trial Court---Appeal was dismissed being meritless. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art.17---Testimony of related witness---Scope---Mere relationship of witness was no ground to discard his evidence, however, court could ask for corroboration if there were lacunae in prosecution evidence. (c) Criminal trial--- ----Medical Evidence---Scope---Medical evidence was only an expert opinion which could not always be accepted with mathematical precision and alternatively its absence would not affect the merits of the case if the…

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