Law: Evidence Act (I of 1872)

Section: 35

  Evidence Act (I of 1872)  S. 35-Admissibility of evidence-Report submitted by police officer as result of inquiry entrusted to him prior to date of occur rence-Not an opinion-Report being related to occurrence, in circumstances, held, admissible in evidence. Date of hearing: 28th February 1973.                                                                                                                     JUDGMENT This revision has been filed b Noor Muhammad petitioner against the order of the Sessions Judge, Sheikhupura, disallowing certain documents to be exhibited as part of the record in a murder trial pending before him, The petitioner is complainant in that case. The accused persons are being tried under section 302/148/149/307/325/109, P. P. C. by the Sessions Judge, Sheikhupura. The trial commenced from the 20th of November 1972, and until the 25th of November 1912, 15 P. Ws. had been examined. While the prosecution evidence was being recorded the learned Sessions Judge disallowed the following documents to be exhibited:- (i) Report of Muhammad Ishaq A. S. I. P. W. 3 made by him while working as A. S. I. at Police Station Nankana Sahib on an application Exh. P. W. 16/A, submitted to the local police by one of the accused persons (Annexure 'D'). (ii) Copy of Roznamcha Waqiati dated the 26th of September 1970, produced by Barkat Ali Patwari P. W. (Annexure B'). (iii) Special power of attorney executed by the petitioner in favour of one Maqsood Ahmad P. W. (Annexure 'F'). The aforementioned documents were referred to in the statements of Muhammad Ishaq, Barkat Ali P. Ws. as well as the petitioner. The relevant portions of these statements are Annexures 'A', 'B' and 'C' on the record. It is submitted that as was apparent from Annexures 'A', 'B' and 'C' learned Sessions Judge, declined to…