Law: Criminal Procedure Code (V of 1898)

Section: 154

(a) Criminal Procedure Code (V of 1898), S. 154-First Information Report-Entry in roznamcha of Police Station-Cannot be deemed to be First Information Report of a cognizable offence. Mohammad Afzal v. The State P L D 1960 Lah. 97 ; Ghazi Khan v. The Stuto P L D 1965 Quetta 33 ; Crown v. Faiz Muhammad P L D 1952 Lah. 215 ; Ghulam Sarwar v. The State P L D 1959 Lah. 1002 ; Emperor v. Lalji Rai A I R 1936 Pat. 11; Maganlal Radhakishan v. Emperor A I R 1946 Nag. 173 ; Emperor v. Aftab Muhammad Khan A I R 1940 Alt. 291 and Tika Ra n and others v. The State A I R 1957 All. 755 ref. (b) Criminal trial-Evidence-Fate of criminal case does not depend upon existence of vague discrepancies in statements of witnesses. Ghulam Safdar and another v. The Crown P L D 1956 F C 136 ref. (c) Witness-Credibility of-Prosecution witness deliberately introducing facts so as to favour accused-Evidence of such witness, held, cannot be completely discarded on that account. Adalat v. Crown P L D 1956 F C 171 ref: (d) Penal Code (XLV of 1860), S. 302-Murder-Sentence- Brutal and audacious murder-Normal sentence of death only can meet ends of justice in such case. Dates of hearing : 27th, 28th, 29th August ; 2nd and 3rd September 1969.   JUDGMENT MUHAMMAD HAYAT JUNEJO, J.----By this appeal appellants Waloo alias Wali Mohammad son of Pathan, Brahmani, aged 35 years. Allahdino son of Ali Sher Bhand aged 28 years, Imamuddin son of Yousuf Bhand aged 25 years, Rano son of Ramzan Brahmani aged 30 years, Beero son of Mahmood Leghari aged 25 years, and Buxal son of Saleh Bband aged 20 years have challenged the judgment dated 18-11-1968 of the learned Sessions Judge, Dadu, whereby the learned Judge convicted and sentenced them as follows :- Appellants Nos. 1 and 2, namely, Waloo alias Wali Muhammad and Allahdino have been convicted under sections 302. 307/149 and 148, P. P. C. and sentenced to death, R. I. for one year and R. I. for one year respectively. In addition appellant Waloo has been further convicted under section 13(D) of the West Pakistan Arms Ordinance, and sentenced to R. I. for one year. The remaining four appellants, namely, Imamuddin, Rano, Beero and Buxal have been convicted…