| Citation(s) |
|---|
| 1971 SLG 237 1971 SLD 237 1971 SCMR 326 |
Supreme Court of Pakistan
Criminal Appeal No. 13 of 1967, decision dated: 17th March 1971
HAMOODUR BAHMAN, C.J., MUHAMMAD YAQUB ALI AND SAJJAD AHMAD, JJ
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Criminal Appeal No. 13 of 1967, decision dated: 17th March 1971
HAMOODUR BAHMAN, C.J., MUHAMMAD YAQUB ALI AND SAJJAD AHMAD, JJ
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HAJI AHMAD AND 2 others--Appellants
VS
THE STATE--Respondent
Law:
Section:
(a) Penal Code (XLV of 1860), S. 323-Simple injuries found on person of victim -Possibility of such injuries being self-inflicted or self-suffered cannot be altogether excluded-Such possibility, however, to be considered in light of number, nature and location of injuries and circumstances of case. Where only simple injuries are found on a person the possibility of these being self-inflicted or self-suffered cannot be altogether excluded but this possibility must be considered in the light of the number, the nature and the location of the injuries found and the circumstances of the case. (b) Criminal trial - Witness - Evidence of witness receiving corroboration by recovery of crime weapon-Minor discrepancies in such witness's evidence-Held, not sufficient to label him as untruthful witness. (c) Penal Code (XLV of 1860), S. 302-Murder-Recovery evidence -Fact that origin of blood on crime weap3n could not be ascertained due to disintegration-Held, cannot render recovery useless. Ghulam Rasul v. Ali Akbar and another P L D 1965 S C 363 ref. (d) Penal Code (XLV of 1860), S. 302-Murder-Medical evidence-Symptoms observed in fractures of base of skull-Possibility of bleeding due to fractures of tables of deceased's skull cannot be excluded. Modi's Medical Jurisprudence, 13th Edn., p. 259 ref. (e) Penal Code (XLV of 1860), S. 302-Murder-First Information Report-Delay in lodging-Occurrence taking place between 4-45 and 5-00 a.m., victim arriving at hospital, a mile away, a little before 7-30 a.m., medical examination concluding at 8-00 a.m. First Information Report lodged at 9-15 a.m.-Held, no undue delay involved, so as to cast a suspicion over prosecution story. (f) Penal Code (XLV of 1860), S. 302-Murder-EvidenceDelay of 3 hours in bringing victim to hospital, a mile away ,from place of occurrence-Held, not unusually long nor does it suggest that there has been time to fabricate not only a false story but also false injuries on one of witnesses. (g) Penal Code (XLV of 1860), S. 302-Murder-Evidence-Ocular testimony coming from mouths of very closely related witnesses (brothers and mother of deceased)-.Corroboration of such testimony to be insisted upon out of…
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