Law:

Section:

Penal Code (XLV of 1860) - S. 302 [Murder case] Appreciation of evidence Witnesses named in F: I. R. as eye witnesses of occurrence not examined but first informant and his nephew examined instead Doctor carrying out post mortem examination not, examined and his reports alone proved although case hinging on. medical evidence First informant, and his brother men of unusual character, addicted to violence, and having family feuds with some of accused---First informant's evidence stating principal accuser having been sitting to front seat of taxi belied by medical evidence recovery of empties from near seat and damage caused to rear door of car Five to eight shots allegedly fired but number of empties recovered being only three, fact irreconcilable with claim of eye witnesses regarding, presence of all assailants in taxi Circumstances of case not giving support to claim of witnesses of their having been present on occasion. Assistants allegedly firing at victims inside car at point blank range, but according to medical evidence not a single, entrance wound, on either of deceased bearing marks of charring Medical evidence far, from proving prosecution case proving, ocular evidence tube, false clothes of a prosecution witness getting blood stained, and such witness also claiming to have gone to police station with such clothes on yet such clothes neither secured nor forwarded to Chemical Examiner- High Court's view regarding first informant's claim to have witnessed occurrence being false not an unreasonable view and a possible view No error of law in High Courts finding regarding other witness also having not seen occurrence First information report also lodged with delay and explanation for delay not satisfactory No reason, held, for interfering with careful appreciation of evidence by High Court. (Evidence). ORDER DORAB PATEL, J.--- Qasim Khan and his servant Qadar Gul were shot dead on 18th February, 1973, and according to Sabz Ali, the brother of petition 12-P of 1977), his brother and his brother's servant had been shot dead in taxi by Yusuf Shah and the first two respondents in Criminal Petition 12-P of 1977). These respondents to whom we will refer as the…

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