Law: Evidence Act, (1 of 1872)

Section: S. 32

Law: Criminal Procedure Code (V of 1898)

Section: Ss. 161 & 62

  Witness-Child capable of understanding questions put to him and giving intelligible and sensible answers-Evidence admitted.   Witness-Mere fact that witness had deposed against some of the accused in a previous case-No reason for disbelieving such witness.   Witness-Person, not an eye-witness, lodging first infor mation report-Mentioning large number of other persons in addition to accused-Not sufficient ground for disbelieving testimony-Minor discrepancies and omissions in statements-Do not render evidence of witness unreliable.   Evidence Act (I of 1872), S. 32-Difference of opinion between doctor recording dying declaration and doctor holding post-mortem examination, in regard to possibility of deceased's being able to talk after receiving fatal injury on neck-Court left out of consideration dying declaration by way of caution.   Criminal Procedure Code (V of 1898), Ss. 161 & 62--- Witness tendered for cross-examination-Defence entitled to use statement recorded under S. 161 to contradict witness with regard to evidence given in cross-examination.   Criminal Trial-Prosecution witness declared to have been won-over by accused-Adverse inference cannot be drawn against prosecution for non-examination of such witness.   Penal Code (XLV of 1860), S. 34-Common intention To be granted from facts and circumstances of each case.   Penal Code (XLV of 1860), S. 302/34-Charge established against more than one accused-All equally guilty--Sentence of death passed only on one accused reduced to that of transportation! for life. JUDGMENT   MURSHED, J.-This case arises out of a reference under section 374 of the Code of Criminal Procedure and also out of an appeal which is numbered as Appeal No. 594 of 1960. This Judgment will dispose of both the reference as well as the appeal.   The reference has been made by Mr. Amjad Hossain Chowdhury, Additional Sessions Judge, Dacca for confirmation of the death sentence which has been passed on accused Nowab Ali Biswas alias Naba Biswas alias Naha under section 302/34 of the Pakistan Penal Code.   The appeal is by the condemned prisoner, the said Nawab Ali Biswas alias…