| Citation(s) |
|---|
| 1963 SLG 3153 = 1963 SLD 3153 = 1963 PLD 17 |
Supreme Court of Pakistan
Criminal Appeals Nos. 43 and 70 of 1962, decided on 28th November 1962.
Presented By: A. R. Cornelius, C. J., B. Z. Kaikaus and Hamoodur Rehman, JJ
Hamid-ud-Din and R. A. Jeremy Advocates Supreme Court instructed by Maqbul Ahmad Attorney for Appellant (in Cr. A. No. 43 of 62) and for
Respondents Nos. 1 and 2 (in Cr. A. No. 70 of 62). Jan Hussain Advocate Supreme Court instructed by Habib ullah Attorney for Appellant (in Cr. A. No. 70 of 62). M. Z. Kitchlew Advocate Supreme Court instructed by Ijaz Ali Attorney for the State. Dates of hearing :16th October and 16th November 1962.
Criminal Appeals Nos. 43 and 70 of 1962, decided on 28th November 1962.
Presented By: A. R. Cornelius, C. J., B. Z. Kaikaus and Hamoodur Rehman, JJ
Hamid-ud-Din and R. A. Jeremy Advocates Supreme Court instructed by Maqbul Ahmad Attorney for Appellant (in Cr. A. No. 43 of 62) and for
Respondents Nos. 1 and 2 (in Cr. A. No. 70 of 62). Jan Hussain Advocate Supreme Court instructed by Habib ullah Attorney for Appellant (in Cr. A. No. 70 of 62). M. Z. Kitchlew Advocate Supreme Court instructed by Ijaz Ali Attorney for the State. Dates of hearing :16th October and 16th November 1962.
Criminal Appeal No. 43 of 1962 SIKANDAR-Appellant
VERSUS
THE STATE-Respondent AND Criminal Appeal No. 70 of 1962 RANJHA-Appellant Versus ABDUL AZIZ AND OTHERS-Respondents
Law:
Section:
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 4th January 1962, in Criminal Revision No. 945 of 1961 and Criminal Appeal No. 421 of 1961). Criminal trial---Natural witnesses not produced by prosecution-Chance witnesses-Background of enmity with accusedEvidence not relied upon in circumstances of case. Benefit of doubt--- Choice between doubling the statement of M (an eye-witnesses) or that of A (Sub- Inspector of police) who investigated case Principle re benefit of double application Benefit to go to accused. JUDGMENT CORNELIUS, C. J.-This judgment will dispose of two Criminal Appeals, namely No. 43 of 1962 by a condemned prisoner, Sikandar, and No. 70 of 1962 by one Ranjha seeking to restore the convictions under section 302 P. P. C. of two other co-accused in the same case, namely Abdul Aziz and Zaigham, which had been altered by the High Court in appeal to section 352, P. P. C. It should be noted that Abdul Aziz and Zaigham did not appeal against their convictions under section 352, P. P. C., the reason probably being that by the time their appeal was heard in the High Court, the maximum period of imprisonment which could have been imposed under section 352, P. P. C. had already expired. Abdul Aziz and Sikandar are brothers, and Zaigham is a friend of theirs. The case was that on account of earlier enmity, on the evening of the 21st August 1960, at about 9 p.m. these three persons assaulted the deceased Barkat, and while Abdul Aziz and Zaigham held him, Sikandar inflicted blows with a knife to the number of 5 injuring him very severely in the skull as well as the internal organs of the chest, so that he died on the way to the Thana. The scene of the attack was in a bazar in Lahore city close to Masti Gate. It was allegedly observed by three witnesses, who were Ranjha, P. W. 11, Muhammad Shafi, P. W. 12, and Muhammad Ramzan, P. W. 13. Ranjha is brother to the deceased father of Barkat, and is also his adopted father. Muhammad Shafi is also a gujjar like the deceased and said enough in his cross-examination to satisfy the High Court that he was at pains to deny a clear and fairly…