Law:

Section:

(a) Constitution of Pakistan (1973)--- Art. 185(3)-Penal Code .(XLV of 1860), S. 302/34-MurderApparent contradictions in medical report -Doctor required to appear before Supreme Court who admitted contradictions-Doctor warned by Supreme Court to be careful and Courts tend to place implicit reliance on medical evidence while deciding question of life and death-Leave to appeal granted in circumstances. Taylor's Principles of Medical Jurisprudence, 10th Edn., Vol. 1, p. 411 ref. (b) Constitution of Pakistan (1973 -- Art. 185(3)-Penal Code (XLV of 1860), S. 302/34 - MurderAppreciation of evidence - Petitioner seeking leave on .contentions that there existed contradictions in details stated in F. I. R. and statement of prosecution witness; High Court after rejecting defence witness using same to corroborate testimony . of prosecution witnesses against accused, statement of deceased subsequently treated as dying declaration not ringing true and gun of deceased not sent to forensic expert-Leave to appeal granted to consider contentions in order to ensure that Courts below have not ignored well-established principles of appreciation of evidence. [p. 398]D ORDER ASLAM RIAZ HUSSAIN, J.-This petition by Inayat Khan and Ajab Khan is directed against .the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 28-3-1983, dismissing their appeal in a .murder case. 2. The petitioners were tried alongwith two others for the murder of Mahmood Khan. The occurrence took place on 30th of June, 1980, at 5 p. m. within the area of Dhok Naiyan, Police Station Sangjani, District Rawalpindi. The F. I. R. is based on the statement of the deceased made by him at the Civil Hospital at 10-30 p. m. on the same day. It was later on treated as his dying declaration. 3. The prosecution version is that on 30-6-1980 at 5 p. m., when Mahmood Khan (deceased) was proceeding to see his "Rukh" alongwith Ashiq Hussain (P. W. 8) Khan Baig (P. W. 9) and Ashraf Khan (given up) and -had his double barrel gun in his hand; his revolver around his waist; a bag containing live cartridges and a bandolier containing bullets, Inayat Khan petitioner armed with a '12 bore gun, Ajab Khan petitioner…

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