Law:

Section:

(a) Penal Code (XLV of 1860)-- S. 302 read with West Pakistan Arms Ordinance (XX of 1.965), S.13- Murder- Evidence, appreciation of-First information report lodged within less than half hour of incident and thereby entirely eliminating probability of falsification or false implication-Accused caught red-handed at spot and produced before police-Deceased's identity remaining undiscovered until investigation-Mere fact of eye-witnesses being police officials and deceased being brother of another police official posted in a distant village-No reason to doubt veracity of witnesses in circumstances-Lower Court rightly rejecting statement of Ballistic Expert for not examining case scienti­fically so as to inspire confidence-First witness confirmed by police diary to have been on patrol duty in area and other witness undeni­ably having his residence close to place of incident-Conduct of another witness (alleged to be won over, hence not produced by prosecution) in keeping with general pattern of behaviour in society in not feeling prepared to say in Court what they have seen and thereby risk animosity of assassin or his partisans-No reason, held, to doubt veracity of police officials (witnesses) or capture of accused while trying to flee from spot-Grit and sense of duty of police officials rather praiseworthy-No fault in approach of lower Courts-Petition dismissed.- [Evidence-First Information Report]. (b) Penal Code (XLV of 1860) = S. 302=Murder cases--Tragedy of general apathy and absence of civic duty to appear as witnesses particularly in murder cases. It is a frequent experience of criminal Courts that many a gruesome tragedy is enacted, with scores of on-lookers around, yet the assassin is allowed to operate without any let or hindrance and is allowed to escape from the scene, with impunity. Not only that. These "independent" on-lookers are not even prepared to say in Court what they have seen and thereby risk animosity of the assassin or his partisans. It is a pity that it is not realized that this callousness is not only cowardly but is also in violation of the Islamic injunctions. Islam imposes a solemn duty upon its followers in unqualified terms to speak the…

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