Law:

Section:

(a) Penal Code (XLV of 1860)--- -- S. 302-[Murder-case]-Appreciation of evidence-Trial Court's assessment of evidence neither unreasonable nor perverse or in dis­regard of accepted principles governing appraisement of evidence­ First information report promptly lodged mentioning names of accused and witnesses-Alleged motive of crime admitted by accused ­Prosecution version supported by medical evidence-Accused abscond­ing immediately, after occurrence-Trial Court and 'High Court believing statements of two prosecution' eye-witnesses and finding their evidence corroborated by medical evidence disclosing two fire-arm entrance wounds on deceased's chest-Prosecution witnesses natural and not challenged as inimical-Trial Court's and High Court's concurrent assessment of evidence, held, left no room for reappraisal and accused rightly convicted in circumstances [Per Dorab Patel, .l.]­First information report lodged with delay-Withholding by prose­cution of deceased's father-in-law, a prosecution witness, strongly militating against prosecution version-Prosecution witnesses interested receiving no corroboration and lacking support of even medical evidence-Case not free from doubt and accused, held, entitled to acquittal.-[Evidence]. Per Salahuddin Ahmed, J.-The trial Court as well as the High Court believed the two eye-witnesses, and found their evidence fully corroborated by each other as well as by the medical evidence of P. W. lady doctor of the Civil Hospital, brought on record under section 509 of the Code of Criminal Procedure. The evidence of the lady doctor had been recorded by a First Class Magistrate in presence of the appellant, and she was not cross-examined by the appellant. The medical evidence disclosed two fire-arm entrance wounds cavity deep in front of the chest and above the right nipple of the deceased. Two bullets had been recovered from the left side of the chest. The stomach was found to contain semi-digested food. The medical evidence fully corroborated the ocular evidence that the deceased had taken his meals at 2 p.m. on the day of occurrence and that he had been fired at twice with a 'tamancha'. In the information report, too, informant…

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