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PL D 1979 Karachi 583
Before Sajjad Ali Shah and Zaffar Hussain Mirza, JJ
MUHAMMAD‑Appellant
versus
THE STATE‑Respondent
Criminal Appeals Nos. 137 and 141 of 1977, decided on 29th January 1979.
(a) Criminal Procedure Code (V of 1898)‑.
S. 154‑First Information Report‑Delay in registration‑Absence of plausible explanation of convincing nature‑Presumption that delay in registration of F. I. R. was used for purpose of manipulation of prosecution story.‑[First Information Report].
(b) Penal Code (XLV of 1860)‑
‑‑‑ S. 302‑Murder ‑ Evidence ‑ Medical evidence‑Post‑mortem report showing that charring was present around wound--- Inference that shot was fired from a close range of not more than four feet‑Cartridge can be fired from pistol and if fired from short distance, it is possible to find a large number of pellets in body which depends on make of cartridge‑Opinion of Doctor that only one shot was fired, there being one wound of entry‑Held, cannot be doubted.‑[Medical evidence].
Dr. Sydney Smith on Taylor's Principles and Practice of Medical Jurispru dence, p. 441; Haq Nawaz v. State P L D 1959 Kar. 137 and Modf on Medical Jurisprudence & Toxicology, p. 218 ref:
(c) Criminal trial‑
‑‑ [Murder‑case] ‑ Evidence‑Recovery of incriminating articles‑ ; Evidence of Investigating Officer can be relied upon and treated at. par with any other eye‑witness in facts and circumstances of a case‑Sealed. parcels of crime empty recovered from spot and pistol recovered from accused sent to Ballistic Expert after a delay of about one year‑Such inordinate delay coupled with infirmities in , evidence of interested eye‑witnesses and delay in filing F. I. R.‑ Evidence of Investigating Officer in absence of mashirs on point of recovery of incriminating articles‑Held, cannot be relied upon, in circumstances of case.‑.[Evidence].
(d) Penal Code (XLV of 1860)‑
‑‑‑ S. 302‑‑Murder‑Evidence produced by prosecution not conclusive and satisfactory in nature and insufficient to connect accused with commission of crime‑‑‑Accused given benefit of doubt and con viction and sentence set aside. ‑ [Evidence‑Benefit of doubt].
M. Shakir Naqashbandl for Appellant.
Manzoor Hussain for the State.
Dates of hearing : 12th and 13th December 1978.
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