Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S.302-[Murder-case;-Appreciation of evidence-Incident taking place in middle of day at doorsteps of deceased-Inmates of house natural witnesses in situation-Deceased's wife appearing to have acted very honestly in not asserting to have seen appellant firing at her husband and in stating in F. I. R. to have seen her husband lying injured and appellant going away from spot and carrying a single barrel gun-Testimony of such witness-Not to be rejected for simple reason of there being some improvements upon her. previous state ment-Another prosecution witness shown to have given a satisfactory explanation regarding his presence in house of deceased-Witness having no reason to falsely, implicate appellant-High Court in circumstances right in placing reliance on ocular testimony of such witnesses-High Court also right in discarding medical opinion as to deceased's death having been instantaneous and reasons given by High Court cogent-Injury on abdomen need not necessarily cause instantaneous death-Direct evidence if definite forthright and credit worthy can outweigh confirmatory evidence of medical expert Statement of another prosecution witness as to contents of dying went made before him by deceased shortly after being wounded state not to be rejected in circumstances-Nothing shown to doubt statement of another prosecution witness as to having supplied a skin to appellant for swimming across river after incident-Guilt of appellant, held, proved beyond doubt-Appellant having specially come to deceased's house with intent to murder him-Murder, held, cold-blooded and premeditated and appellant entitled to no leniency in Sentence of death imposed. Yakoob Shah v. The State P L D 1976 S C 53 ref. Dates of hearing : 10th and 11th February, 1980.                                                                                                                  …