Law: Evidence Act, (1 of 1872)

Section: Ss. 40, 41 & 42

  Evidence Act (1 of 1872), Ss. 40, 41 & 42-Judgment not falling within ambit of sections-Finding in such judgment cannot be relied upon-Evidence Act (I of 1872), S. 43   Conviction-Cannot be based on evidence of witnesses no better than accomplices, without independent corroboration.   JUDGMENT   This is a joint appeal filed by Muhammad Nawaz and Ata Muhammad, against their conviction recorded by the Senior Special Judge Gujranwala, who has sentenced the former under section 409, Pakistan Penal Code to three years' rigorous imprisonment and the latter under section 409/109, Pakistan Penal Code, to one year's rigorous imprisonment.   2. The brief facts are that Muhammad Nawaz was a Chaukidar of the Forest Department, timber depot at Rasul Nagar in the area of Police Station Akalgarh. On or about 23rd of March 1958, he along with his co-accused. illegally Sold 24 beams of 'timber at the rate of Rs. 17.00 per beam, to Ali Muhammad (P. W. 7) and Nazeer Ahmad (P. W. 8). Muhammad Nawaz had no legal authority to sell the timber. As soon as Ali Muhammad and Nazeer Ahmad had loaded the timber on the camels, Muhammad Aslam, a Forest Guard, checked them and he threatened to take them to the police station. Ultimately, he received Rs. 00.00 as bribe from Ali Muhammad and Nazeer, Ahmad and let them off, but he got back the timber and. placed it in the depot. Ali Muhammad and Nazeer Ahmad later on tried to get back the money they had paid to Muhammad Nawaz, but having failed to obtain it, 'they reported to the police on the 17th of April 1958, as a result of which the two accused were prosecuted and convicted as stated above.   The above case of the prosecution is supported by the following witnesses :-   Muhammad Hussain (P., W. 1) who belongs to village Noinwala stated that his wife belongs to Rasulnagar and upon his visits to that place he came across Ata Muhammad appellant, who told him that in case anybody wanted to purchase timber on cheap rate, he could arrange it, Muhammad Hussain (P. W. 1) informed Ali Muhammad and Nazir Ahmad ' P. Ws. his co -villagers. After a few days all three of them came to Rasulnagar…