Law: Evidence Act (I of 1872)

Section: 45

  Evidence Act (1 of 1872)-----S. 45-Opinion of medical witness Relating to distance from which firearm was used-Not conclusive where opinion contrary to views expressed in reliable text books.   Dates of hearing : 16th and 20th January 1959.   JUDGMENT   WAHIDUDDIN AHMED, J.-Appellant Haq Nawaz, his father Karimdad and his brother Rab Nawaz were put for trial before the learned Sessions Judge, Jacobabad under sections 302, 324, 323 read with section 34, P. P. C. and section 19-E, Arms Act for the murder of deceased Bakhtawar and for causing injuries to Mst. Sabhai and Mst. Miran. The learned Sessions Judge acquit ted all the other persons and convicted the appellant Haq Nawaz under section 302, P. P. C. and section 19-E of the Arms Act. The appellant has been sentenced to death under section 302, P. P. C. and to 12 months, rigorous imprisonment under section 19-E of the Arms Act. This matter has come up before us by way of con firmation of the death sentence and also by way of appeal under section 410, Criminal P. C.   The parties in this case also are very closely related to each other. Deceased Bakhtawar was first married to Raza Muhammad. who divorced her. The deceased then married appellant Haq Nawaz. The deceased lived with the appellant for about two months, but their relations were not cordial. Appellant due to disagreement left the deceased at the house of her brother P. W. Ramzan.   The case of the prosecution is that after about two months, on the 26th of January 1958 at about 8 p.m., the appellant accom panied by four armed persons entered the house of P. W. Ramzan situated in Deh Akero, Taluka Kandhkot, District Jacobabad, and killed Mst. Bakhtawar. Appellant Haq Nawaz was armed with a gun and killed Mst. Bakhtawar by gunshots Karimdad accused since acquitted, is alleged to have given hatchet blows to deceased Mst. Bakhtawar. Rab Nawaz the other accused, since acquitted armed with a Lathi belaboured P.W. Ramzan in the said occurrence. The fourth unknown culprit gave Lathi blows to P.W. Miran. P. Ws. Ramzan, Sabhai and Miran, who were present in the house, raised cries which attracted P. Ws. Suleman and C. W. Ramzan on…