Law: Evidence Act (I of 1872)

Section: 45, 9

(a) Evidence Act (I of 1872) S. 45-Expert evidence-Foot track evidence-Always considered a weak type of evidence-Evidence suffering from infirmities and improbabilities-could hardly be considered as confidence inspiring. Ranga Singh and another v. Emperor 96 I C 498; Ganesh Gogoi and another v. State A I R 1955 Assam 51; Balija Pullayya v. Crown A I R 1941 Mad. 88; Saleh v. Emperor 42 I C 129 and Gurdit Singh v. Emperor 4 I C 941 ref. (b) Evidence Act (I of 1872) S. 45-Expert evidence---Evidence of Fire Arms Expert finding prime empty fired from pistol exhibited-Such evidence, even if convincing, not by itself sufficient to warrant conviction of accused on mur0a x charge unless corroborated by other evidence. (c) Evidence Act (I of 1872) S. 9-Evidence of recovery and foot-prints-A piece of circumstantial evidence--Such evidence if corroborated with other evidence leading to irresistible conclusion of connecting accused with cringe-could be a basis for conviction. "The Law of Identification & Discovery" by Sh. Abdul Halim, p. 77; Speeches and Judgment" by Sir Douglas Young ; Mangal Singh v. Emperor Cr. A. No. 562 of 1937; Saleh Muhammad v. Emperor M. R. No. 108 of 1937; Mylaswami Goundan and another v, Crown A I R 1937 Mad. 951 and Kalua v. rate A I R 1558 S C 180 Mehr Ali v. The State 1968 S C M R 161 ref. Dates of hearing : 6th and 13th December 1974.                                                                                                                         JUDGMENT ABDUL JABBAR KHAN , J --Muhammad Ashraf son of Yaqub Ali aged 26 years was tried alongwith his father Yaqub All aged 50 years for the murder of Tariq Manzoor, under sections 302/109 P. P. C. Muhammad Ashraf has been condemned to death under section 302, P. P. C. while his father Yaqub Ali has been acquitted by the learned Sessions Judge, Lyallpur, vide his judgment dated…