Law: Penal Code (XLV of 1860)

Section: 201, 302

(a) Evidence Corroboration-Murder case-Testimony of chance witnesses-Cannot be corroborated by fact of such witnesses having apprised the whole affair: to another witness soon after the occurrence. (b) Penal Code (XLV of 1860) S. 201-Causing disappearance of evidence-Mere removal of victim's body from place of occurrence to another place-Does not of itself amount-to causing disappearance of evidence-Accused openly parading dead body of their enemy in a it of triumph and taking it from place to place-No offence under S. 201, Penal Code, held, brought home to accused. The State v. Bashirullah P L D 1964 Dacca 710 rel: (c) Penal Code (XLV of 1860) S. 302-Murder-Sentence Mitigation-Nothing clear to show as to whose shot out of several assailants' was fatal-Case, held, fit for substitution of sentence of transportation for sentence of death.   JUDGMENT ATAULLAH SAJJAD, J.--The appellants in this case were tried Sarfraz, Dur Muhammad, Iqbal,, Nur Muhammad Nawaz were charged under sections 148, 120-B and 302/149 of the Pakistan Penal Code. Manzur appellant was charged under section 201, P. P. C. The trial Court convicted' Manic: under section 201, P. P. C. and sentenced him to five year` rigorous imprisonment, The other five appellants were convicted under sections 148 and 302/149, P. P. C. They were sentence to one year's R. 1. on the first count and to death on the second, count. They were acquitted from the charge under section 120-B. P. P. C. State has also filed Criminal Appeal No. 678 of 1969, which is yet at the motion stage, against the acquittal of all the appellants from a charge under section 120-B, P. P. C. and the acquittal of the five appellants namely, Sarfraz, Dur Muhammad Nawaz, Nur Muhammad and Muhammad Iqbal under section 201, P. P. C. This judgment will dispost of both the appeals, and the murder reference which is also before us in this connection. 2. The evidence is that Sarfraz appellant is the son Manzur appellant. Nawaz and Iqbal appellants are brother inter se and are the sister's sons of Manzur appellant. Nur, Muhammad appellant is from their brotherhood. Dur Muhammad appellant is also the sister's sons of…