Law: Evidence Act (I of 1872)

Section: 8

(a) Criminal trial-----   ----- Witness - Stock-witness of Police --Witness figuring as a prosecution witness of a formal character in another case for a rival faction-Cannot be dubbed as a stock witness.   (b) Criminal trial-----   ------Witness-Natural witness - Witness describing himself as a " homoeopath", not, proved to have been in practice or to have owned a place for practice of his profession, deposing as an eye-witness to a murder committed in daytime in a field, outside a village, 175 karams from his own field-Held, to be "genuine" witness.   (c) Evidence Act (I of 1872)------   ------S. 8, illus. (i)--Absconding- Accused remaining a fugitive after commission of murder --Significant factor in proof of crime.   Date of hearing: 13th May 1965.     JUDGMENT   MUHAMMAD GUL, J.-Manzur -Elahi, aged 22 years was tried by the learned Sessions Judge, Rawalpindi, . under section 302, P. P: C. for having committed the murders of Muhammad Iqbal and Khan Zaman, on the 30th of October 1963, within a short space of time from each other at two different places 370 karams apart; in the area of village Naugazi, in the District of -Rawalpindi. The learned trial Judge acquitted Manzur Elahi on the charge of murder of Khan Zaman but convicted him for the murder of Muhammad Iqbal and sentenced him to death. He appeals against his conviction and sentence and his case is before us for confirmation of death sentence under section 374, Cr. P. C. This judgment will dispose of the appeal and the reference.   The prosecution case is that on the 30th of October 1963, at about rotiwela, Muhammad Iqbal deceased was cutting jawar crop in the field belonging to his father, Walayat Khan. The appellant armed with a hatchet appeared on the scene and caused multiple injuries to Muhammad Iqbal with the hatchet on his neck resulting in his instantaneous death. The incident was witnessed by Jem. Abdul Aziz (P. W. 9) and Nizam Din (P. W. 10), who at that time happened to be in their respective fields tending their cattle, not distant from the scene of occurrence. After having killed Muhammad Iqbal, the appellant proceeded…