Law:

Section:

(a) Evidence Act (t of 1872)---- S. 3 read with Penal Code :(XLV of -1860), S. 302 and Criminal Procedure Code (V of 1898), S. 161-Murder-Criminal trial-Evidence-Words "evidence" and "proved" in S. 3 of Evidence Act-Definitions-Consideration of all "matters" carries wider connotation than "evidence"-Circumstantial deduction reaching "probability", a mental cognition which leads to "supposition" regarding existence of a fact "probability" not lower than "likelihood" which is higher than a mere possibility, a surmise or a conjecture-Courts applying some artificial rules of evidence must attach due and purposeful importance to aspect of statutory mandate--Defence complaining about authenticity of police statements recorded under S. 161, Cr.- P. C. and statement of one of prosecution witnesses stated to be missing-Elaborate enquiry not considered necessary regarding such statements-Court can in such case, give a reasoned finding about which set of copies was "proved" on probabilities" in pursuance of definition. of word "proved" in S. 3 of Evidence Act.-[Words and phrases]. Monir's Law of Evidence, 1974 Edn., p. 27 and Mst. Khudija Begum v. The State and others P L D 1971 B J 19 ref. (b) Criminal Procedure Code (V of 1898)- S. 162 read with Evidence Act (I of 1872), S. 145--Criminal trial Evidence-Cross-examination as to previous statements-Police statements not put to witnesses in proper manner so as to confront them in accordance with law-Explanation from defence that is was a practice not to invite attention of witnesses to properly marked/exhibited statements-Held, besides being unfair to witnesses, not in accord with provisions of S. 162, Cr. P. C. and S. 145, Evidence Act.-[Evidence]. Shah Nawaz and others v. The State P L D 1959 Kar. 383 approved. (c) Penal Code (XLV of 1860)- -- S. 302 read with Criminal Procedure Code (V of 1898), S. 161 and Evidence Act (I of 1872), S. 145-Murder--Evidence-Failure to afford opportunity to witnesses to explain their assumed previous, so-called contradictory, .statements resulting in serious prejudice and miscarriage of justice-Misreading of Police statements and evidence led at trial not found to be inconsequential-Held,…

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