Law: Penal Code (XLV of 1860)

Section: 396,460,337-A(ii),391,396

Law: Qanun-e-Shahadat (10 of 1984)

Section: 22

(a) Penal Code (XLV of 1860)--- ----Ss. 396, 460, 337-A(ii)---Dacoity with murder---Reappraisal of evidence---Both the witnesses of the ocular account remained consistent on each and every material point qua the date, time, mode, manner of the occurrence and the locale of the injuries on the person of the deceased and the injured witnesses---Although both of them were subjected to cross-examination at length but the defence failed to detect anything which cold hamper the prosecution case on salient features---Medical evidence fully corroborated the ocular account---During the course of investigation, the accusation against the accused persons was fully established as per the contents of the crime report---Convictions and sentences recorded against the accused (as altered by the High Court) were maintained---Appeals were dismissed. (b) Criminal trial--- ----Minor discrepancies in the prosecution case---Effect---Such discrepancies do not frustrate the prosecution case unless and until there is something which directly shatters the salient features of the prosecution case. Allah Bakhsh v. Ahmad Din 1971 SCMR 462 ref. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 22---Test identification parade---Scope---Identification parade looses its strength if the accused persons are identified during the course of proceedings before the Trial Court. (d) Penal Code (XLV of 1860)--- ----Ss. 391, 396---Dacoity, dacoity with murder---Liability of all co-convicts same as that of the actual murderer---Section 396, P.P.C. in its plain term applies to every situation in which five or more persons commit dacoity and in the course of the commission of such dacoity anyone of the said person commits murder---Thereby all five or more people become squarely responsible for the crime of “dacoity with murder” and expose themselves to the penalties outlined in the said provision of law. The Legislature while defining provisions of sections 391 and 396, P.P.C. has deliberately used the word “conjointly”, which is not used anywhere in P.P.C. except in the said provisions. Conjointly indicates jointness of action and understanding. Every one acts in aid of other. Conjointly means to act in joint…

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