Law: Criminal Procedure Code (V of 1898)

Section: 154

(a) Criminal Procedure Code (V of 1898), S. 154-First Infor mation Report-Evidentiary value-First Information Report cannot he used as substantive evidence to contradict a person other than its maker-Omission to mention name of a witness in First Informa tion Report--Must not necessarily lead to conclusion that he was a false and set tip witness. (b) Penal Code (XLV of 1860), S. 302-Motive of crime dis closed in F. I. R. Nothing appearing to disbelieve either ocular witnesses or location of scene of offence as disclosed by prosecution witnesses -Accused's conduct in absconding subsequent to occurrence also lending support to prosecution case as confirmatory circum stance-Case against accused, held, fully established beyond any reasonable doubt in circumstances-Death sentence passed against accused confirmed.     Date of hearing : 22nd October 1969.   JUDGMENT GHULAM RASOOL K. SHAIKH, J.----The appellant was convicted by the learned Sessions Judge, Jacobabad for an offence under section 302, P. P. C. and sentenced to be hanged by neck till he be dead. This case has also come up before us under section 374, Cr. P. C. for confirmation of the death sentence. 2. The incident had taken place on 1-4-1968 at tripahri time near vegetable market in the town of Thul, District Jacobabad and the first report was lodged on the same day at 7-15 p.m. at Thul Police Station, situated at a distance of 5 furlongs from the scene of offence, by Jumo father of the deceased Amirbux and it was recorded by Akhtar Muhammad Soomar, S. H. O. 3. The appellant and deceased Amirbux are Bhattis by caste but they are not related to each other. The appellant lived in Thul while the deceased and his father lived at a distance of one mile from Thul. Hazoor Bux is Lodo by caste and lived at a distance of about 100 paces from the house of the complainant. Daman Shah lived in Thul. The complainant was kamdar of Daman Shah while the deceased and Hazoor Bux were his haris. Allah Ditto is Bhatti by caste and related to the complainant, living in Dinkodarya Khan village situated at a distance of two miles from the village of complainant. Muhammad Parial is Lashari by caste and…