Law: Criminal Procedure Code (V of 1898)

Section: S. 288

Criminal Procedure Code (V of 1898), S. 288-State ments made by witness in commitment proceedings as well as during trial against some accused-Cannot be used as evidence against another co-accused tried subsequently.   Witness-Interested witnesses-Corroboration need not be of same probative force as in case of accomplice-Corroboration need not necessarily be by oral testimony of another independent witness-Any circumstance may afford such corroboration-Abscond ing of accused soon after occurrence-Can be used as corroborative circumstance-Evidence Act (1 of 1872), Ss. 8 & 9-Penal Code (XLV of 1860), S. 302.   Nazir and others v. The State P L D 1962 S C 269 ; Mahla Singh v. Emperor A I R 1931 Lah. 38 ; Ali and others v. The Crown P L D 1954 Lah. 201 and Gangaram Hari Parit and others v. Imperator 62 I C 545 ref.   Monir : "Law of Evidence" 4th Ed., Vol. I, p. 32 ref.  JUDGMENT   This appeal, by one Muhammadullah against his conviction and sentence of transportation for life under section 302/34 P. P. C. by Mr. Agha Khan Baba Khan, Additional Sessions Judge, Mardan, has been referred to me on account of a difference of opinion between my learned brothers Ortcheson, J. and Muhammad Daud Khan, J. The former has come to the conclusion that the appeal should be dismissed, while the latter considers that it should be allowed and the appellant should be acquitted.   The deceased in this case is Rahim Shah of village Baqar Koruna in the jurisdiction of Police Station Swabi. Four persons were accused of his murder, namely, the present appellant Muhammadullah, his father Azimullah, his cousin Rahimullah and his father's cousin Habibullah. Azimullah and Rahimullah were arrested on the day of the occurrence, i.e., the 16th of June 1948, whereas Habibullah could not be arrested until the 2nd of July 1953, and the present appellant surrendered himself as late as the 27th of January 1961. Azimullah and Rahimullah were convicted and sentenced to transportation for life by an Additional Sessions Judge, but they were acquitted on appeal, on the 28th of May 1950, by the learned Judicial Commissioners. Hahibullah was tried separately,…