Law:

Section:

Evidence--- Corroboration - Indivisibility of credibility, prin ciple of Question whether in case testimony of prosecution wit nesses found doubtful in respect of 4 out of 9 accused, con viction of remaining accused, if based on such testimony, would not be hit by principle of indivisibility of 'credibility-Independent corroborative evidence, held, would be necessary to justify conviction on same testimony which was disbelieved in respect -of acquitted accused-Accused ins circumstances entitled to some benefit of doubt as accorded to acquitted accessed-Convictions set aside. Muhammad Sher etc. l v. Crown F" L D 1954 F C 84 Muhammad Afsar v. Crown P L D 1954 F C 170; Muhammad Akhtar v. The State P L D 1957 S C (Pak.) 297; Wasiullah v. Mirza Ali and others P L D 1963 S C 25; Thoba v. State P L D 1963 S C 40 ; Rehmat and others v. The State P L D 1939 S C (Pak.) 109 ; Ahmad Lean and another v. The State P L D 1962 Lah. 390 ; Muhammad Faiz v. The Queen P L D 1959 S C (Pak.) 24; Gul Sher and others v. The State 1968 S C M R 756 and Mst. Hamida Bano v. Ashiq Hussain and others P L D 1963 S C 109 rel. Nazir and another v. The State P .L D .1962 S C 269 ref. Dates of hearing : 4th and 7th April 1969.   JUDGMENT This Criminal Revision filed by five petitioners is directed against the judgment of the Sessions Judge, Rawalpindi, dated the 7th of September 19b7, by which he maintained their conviction under sections 148, 307/ 149, P. P. C. recorded by the learned trial Magistrate with a concurrent award of one year and three years' R. 1. respectively. They were also sentenced to a fine of Rs. 100 each under the second count or in default to undergo further four months' R: 1. each. The appeal of the petitioners four co-accused who were similarly convicted was accepted giving them the benefit of doubt by the learned Sessions Judge. 2. The background of the case is that in the year 1965 one Banaras, a brother of Sabir, was allegedly murdered in village Soti-di-Pari, Police Station Bhara Kahu, District Rawal pindi, to which the parties belong. Sher Ahmad, father of Mahboob Khan complainant in the instant case, his two brothers Muhammad Akhtar and Muhammad…