Law:

Section:

(a) Penal Code (XLV of 1860), S. 302-Murder trial­ Evidence-Circumstantial evidence sufficiently corroborating pro­secution version of complicity of accused in murderous assault by firing pistol shot-Post-mortem examination revealing no recovery of bullet from affected part of deceased's chest but indicating recovery of a part of metal band covering junction of blade and handle of knife or dagger, thereby giving impression of injury having been caused by knife or dagger-Conduct of doctors performing post-mortem examination dubious and presence of metal piece inside body not only improbable in circumstances but also explainable, pistol being country-made, loose, and defective-Charge of murder, held, satisfactorily brought home to accused and appeal rejected. (b) Pleadings-Criminal trial-Case of accident never put forward by accused in lower Courts, nor within contemplation of defence at trial-Attempt to spell out case of accident during appeal before Supreme Court futile-Penal Code (XLV of 1860), S.302. M. B. Zaman, Advocate Supreme Court instructed by Faiz Muhammad, Attorney for Appellant. Jan Hussain, Advocate Supreme Court instructed by Ijaz Ali, Attorney for the State. Date of hearing : 7th December 1959. JUDGMENT CORNELIUS, J.-This appeal by one Dad alias Allah Dad, against a conviction under section 302, P. P. C., and sentence of transportation for life is brought as of right, since he had been acquitted at his trial, and the conviction was recorded by the High Court of West Pakistan upon appeal by the State under section 417, Criminal Procedure Code. The acquittal was ordered in the face of a volume of circumstantial evidence of the most convincing type. It was based solely upon the evidence of two doctors, Dr. Nur Muhammad and Dr. Zafar Ali Shah who performed the post­ mortem examination of the body of the deceased, Ghulam Muhammad. There was proof of motive sufficiently strong to explain the crime. There was proof that very shortly before the murder, Ghulam Muhammad was taken by Dad from his house upon a pretext. There was proof that the report of a crate gun shot was heard from Dad's house, and that a number of persons going to the house, found Ghulam…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492