Law: Criminal Procedure Code (V of 1898)

Section: 286(2)

Law: Pakistan Penal Code, 1860

Section: 301,302

(a) Criminal Procedure Code (V of 1898), S. 286 (2) ­Crown not bound to call before Court witness who according to prosecution will not speak truth-Witness, however, should be in attendance for defence to examine if so advised. The Crown is not bound to call before the Court a witness who, it believes, is not going to speak the truth. It would be, however, desirable in such cases that the witness or witnesses in question should be called to remain in attendance so that if the defence wishes to examine them, the accused should have an opportunity of doing so. The prosecution was under no duty to put into the witness box persons whom they believed to be unreliable. There is no doubt, however, that the fact, that some of the alleged eye­witnesses in a case may not b9 inclined to support he prose­cution story, has to be considered along with evidence actually produced in the case and the value of the evidence on record judged in this setting. Allah Yar v. Crown Criminal Appeal No. 3 of 1952=P L D 1952 F. C. 148; Emperor v. Kasamali Alirzaall I L R 1942 Bom. 384 (F. B.); Queen-Empress v. Durga I L R 16 All. 84 (F. B.) and Mahant Narain Das v. Crown I L R 3 Lah. 144 (D. B.) ref. (b) Penal Code (XLV of 1860), S. 301--Knife aimed at another caused stab wounds to child resulting in 'Its death--Offence under S. 302, P. P. C. If the appellant had succeeded in hitting the woman with the knife and she had died, the appellant would have been guilty of murder. Death could have been the most likely consequence if he had succeeded in hitting the woman in the abdomen or the region of the heart. Consequently the same offence must be attributed to him on account of the death of the child. Jama v. The Empress 28 P R 188 (Criminal); Dyal Singh and others v. King-Emperor A I R 1924 Lah. 47 and Muhammad Bashir v. Crown P L D 1950 Lah. 185 distinguished. JUDGMENT RAHMAN, J.---Nazir Ahmad, aged about 18, his maternal uncle Sardar, and his first cousin, Manzoor Hussain, were tried under section 302 read with section 34 of the sPakistan Penal Code by the learned Sessions Judge, Sialkot. Manzur and Sardar were acquitted by the learned Judge but Nazeer Ahmad was convicted under section 302…

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