Law:

Section:

(a) Penal Code (XLV of 1860)-- 5. 302-[Murder-case]-Appreciation of evidence-Eye-witnesses related both to accused and deceased-Relationship of witnesses with deceased-No ground for discarding their testimony in circumstances­ Eye-witnesses not shown to have any enmity with accused appellant­ Plea regarding refusal by accused to give their sister in marriage to one of eye-witnesses neither substantiated by any evidence nor such a question put in cross-examination to witness-Recovery memos. duly proved and in spite of lengthy cross-examination nothing brought out against witness-Recovery of crime churri-Cannot be overlooked merely for reason of being produced by accused himself-Existence of bad blood between parties and motive for crime fully proved-Crime article proved to b,: stained with human blood-Medical evidence in tune with ocular testimony-Injuries attributed to appellant caused on abdomen of deceased gone very deep and caused extensive damage ­Place of injury being a vital part of body and accused having shouted before causing injuries that deceased would not be spared, intention on part of accused to kill deceased inferred-No evidence to show deceased having been killed by some other persons-Murder being premeditated and committed in broad daylight, appellant, held, rightly sentenced to death.-[Evidence-Witness]. Nawab and 3 others v. State P L D 1965 S C 522 ref: (b) Evidence Net (I of 1872) --- --- S. 45--Medical expert, opinion of-Value--Proper assistance not rendered by medical expert due to. inexperience, inefficiency, or any other reason-Court not precluded from drawing proper conclusion from material available -on record-Holding otherwise amounts to conceding authority of medical expert to decide fate ,of case-Doctor not giving complete picture of matter and even not spelling out nature of injuries as generally done-Doctor not stating certain injuries to have been sufficient to cause death-Such injuries having been caused on abdomen, a vital part of body having gone very deep and done extensive damage, accused could safely be presumed to have caused injuries with intention to kill his victim-Omission to state such injuries being sufficient in…

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