Law: Penal Code (XLV of 1860)

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 509

(a) Penal Code (XLV of 1860) S. 302-Murder-Appellant caught red-handed on spot alongwith weapon of offence (revolver) and produced in police station by witnesses in same condition-Such aspect of case not seriously contested on accused appellant's behalf-Prosecution witnesses disinterested and natural and having no motive for false implication Statements of eye-witnesses corroborated by testimony of Fire Arms Expert proving empties and crime bullet recovered from deceased's body to be fired from revolver recovered from accused -Appellant's guilt, held, proved beyond shadow of doubt-Death sentence cons firmed. (b) Criminal Procedure Code (V of 1898) S. 509-Medical witness, admissibility of deposition of-Accused appellant himself giving up his right to cross-examine doctor before committing Court and showing desire to cross-examine him before Sessions Court-Doctor meanwhile going abroad and not available for cross-examination in Sessions Court-Production of such witness at such stage likely to result in enormous expense and unnecessary delay-Appellant having himself declined to cross-examine witness during committal stage question of expense or delay in producing such witness very material-Failure to produce process-server in support of his report regarding non-availability of doctor-A pure formality-Case on merits being fully established mere technical objections causing no prejudice not to be allowed in doing substantial justice-Appeal dismissed. Date of hearing : 20th March 1974.                                                                                                                             JUDGMENT MUHAMMAD SIDDIQ, J.--According to the version given by Zafar Khan P. W., he runs a kebari shop at Dil Muhammad Road, Lahore, and Muhammad Jamil deceased was his partner in business. He knew Ghulam Mustafa appel lant who was known as a…