Law: Evidence Act (I of 1872)

Section: 9

Evidence. Act (I of 1872) S. 9-Identification-Foot prints Shod foot-prints-Of no evidentiary value-Evidence, of naked foot prints at scene of offence tallying with those of accused-Not by itself sufficient to hold accused's participation in crime. Date of hearing : 6th October 1970. JUDGMENT GHULAM RASOOL K. SHAIKH, J.-The appellants were convicted by the learned Sessions Judge, Larkana for an offence under sections 395/397, P. P. C. and 13(d), West Pakistan Arms Ordinance, 1965, and sentenced to undergo R. I. for 7 years and 2 years respectively ordering the sentences to run concurrently. The incident had taken place on 8th March 1969 at 9-30 p.m. in Village Jakhar and the first report was lodged by Nabibux on the same night at 11-45 p.m. at Warah Police Station situated at a distance of about 6 miles and it was recorded by Muhammad Yakoob Head Constable. The investigation was conducted by various police officers. On 8th March 1969, at about 7-30 a.m. Haji Nabibux was sitting along with Abdul Ghani and Allahbux in his shop and a lamp was burning when four persons armed with rifles entered the shop and out of them two were wearing turbans and they had muffled their faces while the other two were wearing caps and their faces were not muffled. It is further said that three other persons stood outside the shop. One of those four persons picked up .the transistor of Nabibux and left the shop. Then they went to the shop of Muhammad Nawaz which was closed. The door was broken and the cloth was removed from there. Thereafter all these seven persons escaped. Muhammad Nawaz, Khamiso and others arrived and they were informed. Nabibux went to the Police Station and lodged the first report which was recorded by Muhammad Yousuf Head Constable, who then deputed Allahdino Head Constable to hold the investigation. He reached the scene of offence in the morning and secured the lamp from the shop of Nabibux, Muhammad Ibrahim and Manzur Ahmad acted as mashirs. Then the statements of Muhammad Nawaz, Abdul Ghani, Allahbux and Ibrahim were recorded. Thereafter Mr. Azmat S. H. O. arrived and verified the investiga tion. The S. H. O. along with Wazir Muhammad Inspector of Police…