Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S.540---Material witness, examination of---Duty of Court---Where any evidence is essential for just decision of case, it is obligatory upon the court to allow its production and examination. Muhammad Murad Abro v. The State through A.G. Balochistan 2004 SCMR 966 rel. (b) Criminal trial--- ----Prosecution, fault of---Effect---Complainant should not suffer for fault of prosecution who was negligent in discharging duties and functions. (c) Penal Code (XLV of 1860)--- ----Ss. 337-F(i), 337-F (v), 337-F (vi), 148 & 149---Criminal Procedure Code (V of 1898), S.540---Ghayr jaifah-Powers of court under S.540, Cr.P.C.--- Scope--- Material witness, summoning of---Limitation---Close of prosecution evidence---Complainant filed application to produce two doctors and report of medical board at the stage of final arguments---Trial Court dismissed the application on the ground of its being filed at belated stage---Order passed by Trial Court was maintained by Lower Appellate Court in exercise of revisional jurisdiction and also by High Court exercising Constitutional jurisdiction---Validity---Powers of court under S.540, Cr.P.C. were the widest in its amplitude---Court was obliged to summon evidence of material witness whose evidence was essential for just decision---Court while exercising power under S.540, Cr.P.C. had to guard itself from exploitation and should keep guiding principle, what the ends of justice demanded and to avoid filling gaps in negation of justice---When court had arrived at the conclusion that evidence was essential for just decision, then delay in moving application was not relevant---Court itself was empowered even without application from any of the parties to summon witness deemed essential for just decision by applying its judicial mind---Medico-legal certificate was issued by Medical Officer and Radiologist opined fracture on the person of injured---Authenticity of medico-legal certificate was questioned and medical board was constituted at the instance of accused and medical board rendered its opinion---Both the documents were authored by medical officers in discharge of their functions,…

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