Law: Criminal Procedure Code (V of 1898)

Section: 161

Law: Penal Code (XLV of 1860)

Section: 397, 149, 34, 394, 97

(a) Criminal Procedure Code (V of 1895) S. 161-Delay in recording statement-Investigation changing hands-No question regarding delay in recording statement put to investigating officers-Contention that statement of witness recorded after 14 days should be kept out of consideration Held, had no force in circumstances. Fact of late recording of statement could at best cast suspicion on evidence-No hard and fast rule exists for disbelieving such statement. Budo v. State P L D 1965 Kar. 76 ref. (b) Penal Code (XLV of 1860)  Ss. 397, 149 & 34-Application f S. 397-Sections, 149 & 34 cannot be invoked for purpose. (c) Penal Code (XLV of 1860) Ss. 394 & 97-Accused neither armed nor causing or attempt ing to cause death or grievous hurt-Conviction of such accused could only be recorded under S. 394-Conviction under S. 397 set aside and that of S. 394 maintained in circumstances., Date of hearing : 4th December 1974;                                                                                                                                        JUDGMENT Appellants Pingio Son of Muhammad Saleh. Piaro Son of Saleh, Qassim son of Ghous Bux and Nihal son of Ghous Bux. all Talanis by caste, have been convicted by the Additional Sessions Judge, Jacobabad for the offences under section 394 react with section 39", P. P. C. and section 342, P. P. C. and sentenced to 7 years' R. I. sad a fine of Rs. 500, in default further R. I. for 6 months and R.I. for 6 months respectively. Appellants Pingio and Piaro have been further convicted under section 13-D of the Arms Ordinance and sentenced to R. I, for one year. All the above appellants have appealed against their convictions arid sentences. The facts of the case are that on 20-5-1972 at 6 a. m. in the morning complainant Khan Muhammad appeared at Saddar Police Station,…