Law:

Section:

Penal Code (XL v of 1860), S. 302-Witness-Credibility­Witness admitting that he was a recovery witness in one other case-Not sufficient reason for rejecting his testimony. JUDGMENT B. Z. KAIKAUS, J.-In respect of a dacoity accompanied with murder committed in the house of Shaikh Noor Illahi, a saraf of Uch Sharif, District Bhawalpur, three persons, that is, Mulazim Hussain, Baggoo and Niamat Ali, were tried by the Sessions Judge, Rahim Yar Khan, under sections 302/149, 396 and 460 of the Pakistan Penal Code. The dacoity was said to have been committed by five persons but one of them, that is Muhammad Anwar, had turned an approver and the fifth Jaffar Shah was shown as an absconder. The Sessions Judge convicted all the accused and sentenced them to death under section 302/149 and to transportation for life separately under sections 395 and 460, P. P. C. On appeal, the West Pakistan High Court confirmed the sentence of death of Mulazim Hussain but acquitted Baggoo and Niamt A11. Two appeals by special leave have been filed in this Court, Criminal Appeal No. 30 of 1961 by Mulazim Hussain, challenging his conviction and Criminal Appeal No. 31 of 1961 by Mehar AlI complainant, challenging the acquittal of Niamat Ali and Baggoo. This judgment will dispose of the appeal of Mulazim Hussain as well as the appeal of Mehar Ali in so far as it relates to Niamat Ali. We are not deciding the case of Baggoo as he has not been served and his whereabouts are at present said to be unknown. Sheikh Noor Illahi deceased who was about sixty-five years' old was living in his house along with his third wife Mst. Amir Khatoon aged about sixteen or seventeen years. According to the prosecution case on the morning of 24th of December 1957, when Farid Bakhsh the father of Mst. Amir Khatoon, came to the house of the deceased in pursuance of an appointment made with the deceased he found the main entrance of the house as well as the door of the room containing the safes open and some silver ornaments lying scattered in the courtyard. When he called out it was Amir Khatoon who responded and she said that Noor Illahi had been murdered and she was lying tied up in her bed. Instead of going to…

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