Law: Criminal Procedure Code (V of 1898)

Section: S. 288

Law: Evidence Act, (1 of 1872)

Section:

  Criminal Procedure Code (V of 1898), S. 288-Corrobora tion to be looked for before treating evidence recorded before Committing Magistrate as evidence in Sessions trial.   Evidence Act (I of 1872), S. 154-Permission to cross- examine party's own witness-Not tantamount to expression of opinion by Court that witness is witness of untruth-Object-To test veracity-Testimony of such witness depends upon result of cross-examination. JUDGMENT   A. J. KHAN, J.-This is an appeal from the judgment and order of Mr. A. M. Hossain, Sessions Judge, Rajshahi, dated 21-3-60 by which he convicted the appellant No. 1 Daud Ali under section 304 (1) of the Pakistan Penal Code and sentenced him to transportation for life and he convicted the appellant No. 2 Ghulam Mustafa under section 326 of the Pakistan Penal Code and sentenced him to rigorous imprisonment for two years.   The prosecution story, briefly stated, as follows : On the 9th Agrahayan 1366 B. S.,corresponding to 26-11-59, after sun rise, i.e., at about 7 a.m. deceased Dukhu Molla started for his house at Haripur from his bathan (a temporary shed for keeping cattle and looking after cultivation and harvesting in a char land) at Mauza Digha with a cartload of straws. When he proceeded upto a distance of about 80 cubits, he was suddenly attacked by one Wazed Ali, the father of the two appellants before us, and the two appellants and some others, armed with falas, lathis etc. The deceased then ran towards his bathan, leaving the cart load straws there. The miscreants came to the bathan where the appellant Daud Ali struck him with a spear at his chest, where upon he fell down on the ground and died instantaneously. P. W. 2 Budhu, a son of the deceased, came to the rescue of his father when the appellant Ghulam Mustafa dealt with him a farsha blow (a kind of spear). P. W. 3 Jahir, another son of the deceased, also appeared there but he was also assaulted by some of the miscreants with lathis, causing several injuries on his person. Alarm being raised, the witnesses including P. W. 4 Md. Solaiman, P. W. 6 Md. Haris Mandal, tendered witnesses. P. W. 5 Tainus and P. W. 7 Gudhar Mondal and others came…