Law:

Section:

(a) Constitution of Pakistan (1973)----Art. 185(3)--Penal Code (XLV of 1860), S.302/34--Leave to appeal granted to examine veracity of ocular testimony, in view of medical evidence to the effect that food was found present in small intestine as well as in the stomach of deceased whereas deceased was said to have taken his meals in morning at about sunrise and thereafter gone to sleep until his murder.--[Evidence]. (b) Medical Jurisprudence-- ---Time for food to leave stomach and small intestine in process of digestion. A mixed diet containing more of animal food and less of vegetable food as ordinarily taken by a European leaves the stomach in four to five hours after it is completely digested, while a vegetable diet containing mostly farinaceous food as usually taken by an Indian does not leave the stomach completely within six to seven hours after its ingestion. But this cannot always be relied upon in determining the time of death, inasmuch as the power of digestibility may remain in abeyance for a long time in states of profound shock and coma. Food has been seen in the stomach remaining undigested in persons who received severe head injuries soon after their meal and died within twelve to twenty-four hours afterwards. In one case the food consisting chiefly of rice and Dal (pulse) remained in the stomach for about forty hours without undergoing digestion. It must also be remembered that the process of digestion in normal, healthy persons may continue for a time after death. Therefore, much depends upon the type and character of the food taken by the deceased. to determine the time taken by the food to leave to stomach. It is reasonable to think that various factors affect the digestive process, which may be slowed down in the case of a man in sleep as compared to a person who is up and doing. Modi's Textbook of Medical Jurisprudence and Toxicology ref. (c) Penal Code (XLV of 1860)-- ---S.302/34--Medical evidence--Time of death--Marginal difference-­Medical evidence is expert evidence based upon certain physical data and if data lacks insufficiency, it cannot be given overriding effect upon oral evidence coming from unimpeachable source--Such evidence is…

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