Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 512

Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S.512---Appreciation of evidence--Witness, who appeared subsequently as prosecution witness would be subjected to cross-examination in respect of previous examination-in-chief, but in the present case prosecution witnesses produced earlier were not available in the subsequent regular proceedings for which no plausible reason was given by the prosecution---Deposition of said prosecution witnesses under S.512(1), Cr.P.C. could not be accepted or taken into consideration because accused had no opportunity to cross-examine them---Deposition of prosecution witnesses could not be totally rejected where it was favourable to accused and helpful in his defence---Fact that complainant purposely delayed reporting of the murder and allowed his son and grandson to become fugitive from law could not be ruled out--When both accused persons were arrested and faced the trial, the complainant took U-turn and came out with version different from his statement in F.I.R. and under S.512, Cr.P.C.---Complainant elected to become a defence witness and his testimony as defence witness entirely negated his statement under S.512, Cr.P.C. and F.I.R. in which he had accused his son of murdering his wife---Defence of alibi put up by accused was on the face of it self-defeating, contradictory, concocted and false, not supported by tangible evidence and liable to be rejected outrightly---Non- production of witnesses examined under S.512, Cr.P.C. in subsequent regular trial could create doubts to the prosecution case unless plausible grounds as contained therein were disclosed---Non-production of witnesses was not fatal to the prosecution case as they were marginal witnesses---Though no eye-witness account was available of murder of deceased at the hands of accused, but irrebutable and overwhelming circumstantial evidence was available against accused establishing beyond any shadow of doubt that accused had murdered his wife and his attempt to save himself from the clutches of law had ultimately failed--Conviction and sentence of accused was upheld, in circumstances. Irshad Mahmood v. The State 1991 MLD 1993 and…

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