Law: Penal Code (XLV of 1860)

Section: 148, 149, 302, 34, 307, 34, 32

  (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 31st January 1969, in Criminal Appeal No. 239 of 1967/Murder Reference No. 84 of 1967 and Criminal Appeal No. 200 of 1968/Murder Reference No. 65 of 1968, respectively). (a) Criminal trial ----Practice and procedure---Sentence Person accused of forming unlawful assembly, rioting and 'committing murder exonerated of charge of unlawful assemble and rioting by Sessions Court and such finding confirmed by High Court Absconding accused subsequently separately tried found guilty of forming unlawful assembly and rioting by Sessions Court on same facts and evidence and such finding also confirmed by High Court-Sessions Court in finding charges of unlawful assembly and rioting established against absconder, held, revived a dead charge and sought to undo acquittal on' such charges of other accus ed-Accused in earlier trial sentenced to 7 years imprisonment but absconding accused in subsequent trial .sentenced to transporta tion for life on same charges-Such glaring disproportion in sentences for same offences, held, violative of judicial equanimity Penal Code (XLV of 1860), Ss. 148, 149, 302/34 & 307/34. (b) Penal Code (XLV of 1860), ---Ss. 148, 149, 302/34 & 307/ 34-Murder trial-Benefit of doubt-Statements of police officials contradictory, prosecution witnesses intimately related to deceased and interested in prosecution-Prosecution story unnatural, suffering from inherent impossibilities and not inspiring confidence Accused given benefit of doubt and acquitted. (e) Evidence Act (V of 187'), ----Ss. 32(2) & 33 and Criminal Procedure Code (V of 1898), Ss. 509 & 512-Transfer of medical witness's statement to Sessions Court-Doctor performing autopsy of deceased examined by Inquiry Magistrate in trial of some accused but due to non-availability not examined in subsequent trial of absconder on same facts-Statement of such witness transferred to Sessions Court under S. 509, Cr. P. C.-Doctor's reports- proved by one acquainted with his handwriting-No satis factory evidence led to show that witness could not be found or his attendance could…