Law: Penal Code (XLV of 1860)

Section: 148, 307, 149

Law: Evidence Act (I of 1872)

Section: 27

(a) Penal Code (XLV of 1860) Ss. 148 & 307/149 Evidence-Corroboration-Ocular evidence to carry conviction Must come from an unimpeachable source-Complainant and prosecution witnesses interested and inimical towards accused and no corroboration of their evidence forthcoming from an independent source-Such evidence disbelieved by trial Court against some accused but relied upon to convict accused-appellants-Accused-appellants given benefit of doubt in circumstances and acquitted. (b) Evidence Act (I of 1872) S. 27-Recovery-Alleged crime gun not forwarded to Ballistics Expert for examination and opinion-No empty recovered from spot of murder-Mere fact that accused led to recovery of gun from his residential kotha, held, in no way advanced prosecution case in circumstances-Penal Code (XLV of (1860), S. 307. Date of hearing : 8th December 1969. ORDER Eighteen persons, namely, Feroze Khan, Sultan Muhammad, Dost Muhammad, Sher Muhammad, Ramzan, Elahi Bakhsh, Mian Muhammad, Ahmad, Abbas, Mehr Muhammad., Sultan Mahmood, Atta Muhammad, Farid, Sultan, Muhammad Rafiq, Muhammad Yar, Muhammad Zaman and. Muhammad Yar son of Majhi were tried for offences, under sections 148 and 307/149, P. P. C. by Mr. Ali Hasan, Section 30 Magistrate, Jauharabad, who acquitted Abbas, Sultan Mahmood, Atta Muhammad, Farid Muhammad Yar, Muhammad Zaman, Muhammad Yar son of Majhi and Sultan son of Majhi on both the charges. Feroze Khan, Dost Muhammad and Mehr-Muhammad were convicted to undergo rigorous imprisonment for one year each under section 148, P. P. C. and five years' rigorous imprisonment each under section 307/149, P. P. C. Sultan, Ilahi Bakhsh and Rafiq to undergo rigorous imprisonment for six months each under section 148, P. P. C. and three years' rigorous imprisonment each under section 307/ 149, P. P. C. and Sher Muhammad, Ramzan, Mian Mohd. and Ahmad to undergo rigorous imprisonment for six months each under section 148, P. P. C. and two years' rigorous imprisonment each under section 307/149, P. P. C. The sentences were ordered to run concurrently. They were also fined Rs. 5 and in default to undergo rigorous imprisonment for a further period of ten days each. They…