A murder trial is usually won or lost in cross-examination. Our free handbook takes all nine prosecution witnesses in a typical section 302 P.P.C. case, from the complainant to the FSL expert, and sets out the lines of questioning that test each of them. This article summarises the handbook.

The principles that apply to every witness

  • Ask leading questions, one fact per question, and put only facts you can prove.
  • First fix the witness to his present account; then confront him with his earlier statement under Article 140 of the Qanun-e-Shahadat.
  • Use the witnesses against each other: an admission by one can undercut another.
  • Build the record early for the final arguments on adverse inference and benefit of the doubt.

1. The complainant

  • The time taken to lodge the FIR, and any explanation for it. Unexplained delay supports an adverse inference (Shaukat Hussain v. State, 2024 SCMR 929); a long delay together with late section 161 statements can be fatal (Muhammad Ikhlas v. State, 2025 PCrLJ 57).
  • Facts missing from the FIR that he now adds in court.
  • Enmity, property disputes and any earlier litigation.
  • Whether he consulted anyone before lodging the report.

2. The eyewitness

  • How far he was from the scene, and why he was there at all. A chance witness needs corroboration (Mst. Rukhsana Begum v. Sajid, 2017 SCMR 596).
  • When his section 161 statement was recorded; unexplained delay damages it (Muhammad Asif v. State, 2017 SCMR 486).
  • Differences from his earlier statements.
  • The light and the distance on which his identification depends.
  • His conduct after the incident; unnatural conduct can discredit a witness (Riasat Ali v. State, 2024 SCMR 1224).

3. The recovery witness (mashir)

  • How he was called: by telephone, from where, and how long it took him to arrive.
  • Whether the place was public, and whether any independent person of the locality was present.
  • Who wrote the recovery memo, and in whose presence.

4. The medical officer

  • The time of the post-mortem, and what it says about the time of death.
  • Whether the direction of the wounds fits the position from which the accused is said to have fired.
  • Whether all the injuries fit one weapon.
  • That the doctor cannot say who fired. A conflict between the eyewitness account and the medical evidence can create serious doubt.

5. The investigating officer

  • When each section 161 statement was recorded.
  • What the site plan leaves out.
  • Whether the cross-version was investigated at all.
  • When the empties and the weapon were sent to the laboratory.
  • Gaps in the case diary.

6. The moharrar

  • The time of the FIR entry against the register.
  • The sequence of the daily diary (roznamcha) entries.
  • The malkhana entries, and any gap before dispatch to the laboratory.
  • Any alteration or overwriting in the registers.

7. The FSL expert

  • Gaps in the custody of the parcels and the condition of the seals.
  • Whether the bullets or empties from the scene were actually compared with the weapon.
  • Whether gunshot residue or DNA testing was done.
  • Delay in the report. Recovery without forensic corroboration is weak evidence.

8. The arresting officer

  • Delay in the arrest.
  • Whether witnesses saw the accused in custody before any identification.
  • The arrest memo, and production before the Magistrate within 24 hours.
  • Whether any disclosure was recorded in writing before the recovery.

9. The patwari or draftsman who drew the site plan

  • That the plan was prepared on the investigating officer's instructions.
  • That it is not to scale.
  • That it records no source of light and no physical evidence.
  • When it was prepared.

Do's and don'ts

Do:

  • Read the FIR, the section 161 statements and the register entries in full before the hearing.
  • Obtain the original FIR, daily diary and malkhana registers.
  • Keep questions short and closed.
  • Read the full judgment before relying on any case.

Don't:

  • Ask an open "why" question unless you can deal with any answer.
  • Argue with the witness.
  • Put facts to a witness that are not on the record.

Read the full research paper

The full paper, covering all nine witnesses, is free to download:

📄 Download the full research paper (PDF)

For more research papers like this one, visit the Resources page:

https://arbitratorandlaw.com/resources

This article is general information on the law, not advice on your own case. Time limits can matter, so speak to an advocate promptly about your own matter.