Law: Evidence Act, (1 of 1872)

Section: 30

  Evidence Act (I of 1872), S. 30-Confession of co-accused can merely be taken into consideration against another-Such con fession cannot form basis for conviction of other co-accused.   Evidence-Circumstantial evidence-Conviction can be based on such evidence only if it is incompatible with innocence of accused. JUDGMENT   A. S. FARUQUI, J.-Ibrahim son of Dur Muhammad, Ghulam son of Dhani Bux and Muhammad son of Saidullah, all by caste sethar, were committed for trial in the Court of the Sessions Judge, Larkana for the murder of Mako. Ghulam was given the benefit of doubt and acquitted, while Ibrahim and Muhammad were both convicted under section 302, P. P. C. and sentenced to trans portation for life. They have both appealed.   The facts, briefly stated, are these : Mako, the deceased, originally belonged to village Lalan, in Taluka Shikarpur. He was there suspected to be a `Kayo' with a girl, Hanifa, daughter of Ghulam Hyder sethar. Mako apprebending danger to his life on this account, migrated to village Abri, Taluka Kambar, District Larkana, Thig ;migration took place about seven years before the date of the incident, which is the 13th January 1961. It is the case of the prosecution that on that day, Mako had gone to graze his cattle in the jungle when Ibrahim and Muhammad, the two appellants before us, came to the house of Yar Muhammad, where Mako used to live, and inquired as to where he could be found. Mako used to live in the house of Yaroo, but worked with Allahdito. At the house of Yaroo, Mst. Janat and Zainab her husband's sister who was known to Ibrahim, told him that Mako had gone out to the fields for grazing cattle, and at Ibrahim's request, she asked her young son Mitho, to accompany these two persons and show the place where Mako was. According to the evidence of Mitho, he pointed out Mako to these two persons from a distance, which was later ascertained as being about 1,400 feet, and then came back and took his cattle for grazing. At Kachr; Majhand time, that is, about 10 a.m. Allahditto with whom Mako was employed, was informed by one Parial that Mako was lying dead in his (Allahditto's) field. Allahditto…