Law: Penal Code (XLV of 1860)

Section: 460,397, 302, 34, 342

  Criminal trial  Occurrence taking place on a pitch dark night and culprits not previously known to prosecution witnesses-Account of occurrence given by eye-witnesses not inspiring confidence at all and their version extremely improbable and unnatural as well as inconsistent, contradictory, discrepant and incredible--Identification test of accused and track identification held under doubtful circumstances and unreliable--Report of Firearms Expert although favouring prosecution, yet not put to accused during examination under S. 342, Cr. P. C.-Prosecution, held, failed to bring home any charge against accused-Penal Code (XLV of 1860), S. 460/397/ 302/34. Date of hearing: 14th March 1972.                                                                                                                 JUDGMENT MUHAMMAD MUNIR FAROOQI, J.-Kamir and Mokha appellants were convicted under sections 460, 397/34 and 302/34, P. P. C. by then Additional Sessions Judge, Layallpur, on 29th November 1969, who sentenced them as under:-- Kamir. To death under section 302/34, P. P. C. Rigorous imprison ment for seven years under section 397/34, P. P. C. and rigorous imprisonment for five years under section 460, P. P. C. Both latter sentences were ordered to run concurrently and were to be executable in case his death sentence was not confirmed. Mokha. To transportation for life under section 302/34, P. P. C: Rigorous imprisonment for seven years under section 397/34, P. P. C, and rigorous imprisonment for five years under section 460, P. P. C The sentences were ordered to run concurrently. Their co-accused Sanatta was given the benefit of doubt and acquitted, while Waryam is still absconding as be has not surrendered before any Court so far to face the trial. To challenge their convictions they have filed separate appeals. Cr. A. No. 895/69 is registered on behalf of Kamir appellant and Cr. A.…