| Citation(s) |
|---|
| 1958 SLG 4051 = 1958 SLD 4051 = 1958 PLD 30 |
Azad J. & K
Criminal Appeal No. 9 of 1956, decided on 7th August 1956, from the order of Additional District Magistrate, Muzaffarabad, dated 30th March 195
Presented By: FAYAZ HASSAN SHAH, C. J
Criminal trial ---- Evidence-Murder-Facts concealed during police investigation -Subsequently true facts brought to notice of police-Statement of person who was present at time of previous investigation, but kept mum and did not disclose true facts to police-Not to be relied upon unless corroborated by independent evidence-Such person is no better than accomplice. Penal Code (XLV of 1860), S. 304, Part 11-Accused having knowledge that he was likely to cause death of child by beating-Child died soon after receiving injuries-Offence falls under S. 304, Part 11. Penal Code (XLV of 1860), S. 103-Right of private defence-Occupier of land is not entitled straightway to use force against trespasser-What would be justifiable reasonable self help permitted to occupier would depend upon circumstances of each case. Muhammad Ibrahim Khan and Abdul Hamid for Appellants. Tasadaq:-Hussain Shah for Government:
Criminal Appeal No. 9 of 1956, decided on 7th August 1956, from the order of Additional District Magistrate, Muzaffarabad, dated 30th March 195
Presented By: FAYAZ HASSAN SHAH, C. J
Criminal trial ---- Evidence-Murder-Facts concealed during police investigation -Subsequently true facts brought to notice of police-Statement of person who was present at time of previous investigation, but kept mum and did not disclose true facts to police-Not to be relied upon unless corroborated by independent evidence-Such person is no better than accomplice. Penal Code (XLV of 1860), S. 304, Part 11-Accused having knowledge that he was likely to cause death of child by beating-Child died soon after receiving injuries-Offence falls under S. 304, Part 11. Penal Code (XLV of 1860), S. 103-Right of private defence-Occupier of land is not entitled straightway to use force against trespasser-What would be justifiable reasonable self help permitted to occupier would depend upon circumstances of each case. Muhammad Ibrahim Khan and Abdul Hamid for Appellants. Tasadaq:-Hussain Shah for Government:
GHULAB KHAN etc.
VERSUS
AZAD J. & K. GOVT.
Law: Penal Code (XLV of 1860)
Section: 304,103
JUDGMENT FAYAZ HASSAN SHAH, C. J.--- Gulab Khan aged 40 years and his brother Sain aged 25 years have been convicted, the former under section 304, Part 1, A. P. C., and the latter under section 323, A. P. C. Gulab Khan has been sentenced to seven years' rigorous imprisonment and a fine of Rs. 50 or in default to further rigorous imprisonment for three months and Sain has been sentenced to six months' rigorous imprison ment. This is their joint appeal against their convictions and sentences. Gulab Khan accused obtained a decree for possession of land against Lala complainant. Gulab Khan accused was formally put into possession by Muhammad Zubair Patwari P. W. 12 on the 9th December 1955, but Lala and his wife Mst. Makhni P. W. who were present at the time of the delivery of the possession did not consent. On the 11th December 1955, Lala (P. W. 1) went to Muzaffarabad to file a complaint regarding this very land. When he returned home in the evening he found Yousaf, his two years old son, dead, His wife Mst. Makhni P. W. was crying and she told him that the baby boy had been murdered by Gulab and Sain accused. The following morning i.e. on 12th December 1955 he was going to the Police Station to lodge the first information report but under-duress of the accused and the Lambardar Nawab Khan and in consideration of a sum of Rs. 400 out of which Rs. 200 were paid to him their and there, he agreed to make a report that Yousaf, his baby son, had died on account of an accident due to a fall from a wall and accordingly he made such a report Exh. P. G., at the Police Station. On this report, the Sub-Inspector sent Abdur Rashid constable P. W. to prepare the inquest report which the constable did after making the routine enquiries and the baby boy was buried However, when the Sub-Inspector went to the village in connection with another complaint of Lala P.. W. he enquired also about the death of the baby boy Yousaf and then Mst. Makhni P, W. disclosed that as a matter of fact the baby boy had been murdered by the accused. The Sub -Inspector then registered and investigated the case and got the dead body of the child exhumed in the presence of…