Law: Penal Code (XLV of 1860)

Section: 302

Law: Evidence Act, (1 of 1872)

Section: 43

(a) Penal Code (XLV of 1860)  S. 302-[Murder-case]-Appreciation of evidence-First information report having names of prosecution witnesses lodged without unnecessary delay and time consumed sufficiently explained-Motive for offence established-Prosecution witnesses disinterested and having no reason to falsely implicate accused respondent and also explaining their presence at spot-Accused's abscondence after occurrence and surrendering only after acquittal of his accomplices corroborating ocular evidence---Accused, held, guilty of causing death-Appeal against acquittal allowed.-[Appeal against acquittal-Evidence]. (b) Medical jurisprudence Injury a hole caused by entry of pellets en masse-Held, indicative of shot having been fired within 12 feet. Modi on Medical Jurisprudence and Toxicology, 21st Edn., pp. 220 221 ref. (c) Evidence Act (I of 1872) S. 43-Previous judgment-Held : Irrelevant unless its existence a fact in issue under S. 43, Evidence Act, 1872-Such judgment conclusive, of its existence as distinguished from its truth-Legal effect alone as distinguished from accuracy of decision relevant under S.43. Date of hearing : 20th December, 1980.                                                                                                                                                JUDGMENT MUHAMMAD HALEEM, J.-This appeal, by special leave, arises from the judgment of the Peshawar High Court, Peshawar, dated 26th of October, 1970, by which Criminal Appeal No. 9 of 1970 was accepted and the first respondent was acquitted.           'The prosecution case is that at 8-45 a.m., on 7th of May, 1967, while Capt. Mahmood Jan was sitting at the door of his orchard, by the side of the road, he heard a gunshot followed by 5 or 6 other gunshots upon…