Law: Evidence Act (I of 1872)

Section: 9

Evidence Act (I of 1872) S. 9-Identification parade-Necessary only when accused seen for first time-Accused already known by face although not by name-Need not be put up at identification test parade, Date of hearing : 3rd October 1973.                                                                                                                         JUDGMENT HAMOODUR RAHMAN, C. J.-The two petitioners in this case were put up for trial along with three others for the murder of one Najeeb Ullah in the morning of the 26th of May 1971, in Chak No. 106/D. B. P. S. Yazman, District Bahawalpur. The prosecution story is that while the deceased was working in his fields along with his son and his servant tile accused persons came there and shouted that he would not be spared alive. On hearing this the deceased started running away from there but he was chased for a distance of about one killa by Abdul Ghafoor, Isa and Ghulam Rasul who were unarmed. They ultimately caught hold of him. At this stage Ismail who was armed with a barchhi came there and hit the deceased with the barchhi on the chest. At this stage the servant Abdullah came to the rescue of his master but he too was attacked by the accused armed with the barchhi and the accused Ibrahim armed with a sota. The latter escaped death, because some residents of the village who were passing by rushed to the spot on hearing the alarm raised by the son and the widow of the deceas ed. The latter, it appears, had come there carrying meals of her menfolk working in the fields. On seeing these witnesses, the accused persons fled away. The trial Court convicted all except Ibrahim son of Isa under section 302/149, P. P. C. but Ibrahim was convicted only under sections 148 and 323/149, P. P. C. for the attack on Abdullah with a sota. Those convicted under section 302/149, P. P. C. were sentenced to transportation for life. On…