Law: Evidence Act (I of 1872)

Section: 26

(a) Criminal trial -Witness-Mere fact that witness had been accused or convicted of some offence-Not a valid reason for disbelieving evidence of such witness, particularly when receiving support from other reliable evidence. (b) Witness --Evidence-Mere fact that witnesses not named in F. I. R. joining investigation subsequently' -No ground for disbelieving evidence of such witnesses. (c) Evidence Act ( I of 1872) S. 26-ConfssionNo attempt made to ind.4ce or intimidate accused to make commission, in circumstances, held, admissible. In the absence of any evidence to show that there was arty attempt on the part of the police or any person in authority to induce or intimidate the prisoner to make the confession, such confession, held, was admissible. (d) Penal Code (XLV of 1860) S. 302-Murder-Motive, evidentiary value of-Offence proved by direct evidence-Question of motive, in circumstances, held, of no vital importance. In a case where the offence has been proved by direct evidence of reliable character the question of motive for the commission of the offence is not of vital importance. (e) Penal Code (XLV of 1860) S. 302-Murder-Sentence Extenuating circumstances-Dastardly murder committed in broad daylight in Court premises in the presence of legal practitioners and litigants-Accused having allegedly played tool in hands of others-No extenuating circumstance, in favour of accused. Dates of hearing : 23rd, 24th, 27th and 29th October 1969. JUDGMENT SALAHUDDIN AHMED, J.-This is a Reference under section 374 of the Code of Criminal Procedure made by Mr. Md. Maseeh, Additional Sessions Judge, Chittagong for confirmation of sentence of death passed upon Abut Kashem, son of late Noor Ahmed of mouza North Kalisish, Police Station Satkania, District Chittagong, who has been convicted and sentenced under section 302 read with section 34 of the Pakistan Penal Code. There is also an appeal by the condemned-prisoner. Both the Reference and the appeal have been heard together and they are now being disposed of under one judgment. The prosecution case may briefly be stated as follows: On 27-6-67 corresponding to 12th Ashar, 1374 B. S. at about noon Ahmed 1-lossain Mukhtear…