Law: Qanun-e-Shahadat (10 of 1984)

Section: 133,150,152,155(1),155(2)

Law: Penal Code (XLV of 1860)

Section: 302,337A(i),337L(2),148,149

(a)    Qanun-e-Shahadat (10 of 1984)-------Art. 152---Corroborating evidence of relevant fact---Explanatory questions--Scope---There is no explicit bar to permit such explanatory questions in crossexamination---Corroboration, in order to be of any value, must be on material particulars and facts relied on for corroboration must be established by reliable and independent evidence---Facts must be such as to lend assurance to the crucial issue which is in question.Smt. Sarla Devi wife of Dwarkaprasad v. Birendrasingh son of Beni Singh and others AIR 1961 MP 127 and Paramban Mammadu and others v. Unknown AIR 1951 Mad 737 rel.(b)    Penal Code (XLV of 1860)-------Ss. 302, 337A(i), 337L(2), 148 & 149---Qanun-e-Shahadat (10 of 1984), Arts. 133, 152 & 155---Qatl-i-amd, shajjah-i-khafifah, other hurts and rioting armed with deadly weapons---Cross-examination---Refreshing of memory, procedure of--Defence version---Dispute was with regard to cross-examining Medical Officer with regard to Medico Legal Certificates and Radiologist Report regarding injuries caused to accused persons and showing the documents to refresh his memory--Complainant contended that the Medical Officer appeared as prosecution witness and he could not be cross-examined to facts which were not relied upon by prosecution in its case---Validity---Medical officer under Art. 155(1) of Qanun-eShahadat, 1984 could see Medico Legal Certificates and as per Art. 155(2) of Qanun-e-Shahadat, 1984, also the Radiologist report in the same fashion to refresh his memory for responding to the questions put by accused---After refreshing the memory, Medical Officer can testify for relevant facts connected with circumstances including date, time and place of such medico-legal examination--High Court directed summoning Medical Officer again as prosecution witness, whereupon accused would cross-examine him with respect to facts relating to medico-legal examination of four accused persons including other relevant facts--Pursuant to Art. 150 of Qanun-e-Shahadat, 1984, if prosecution would seek permission to ask any question from the Medical Officer, Court could allow or…