Law: Penal Code (XLV of 1860)

Section: 302

  Penal Code (XLV of 1860), S. 302-Relations of prosecu tion witness and accused strained-Evidence of such witness not safe to rely upon unless corroborated by reliable evidence.   Penal Code (XLV of 1860), S. 302-Witness improving his version to strengthen prosecution case - Statement subsequently made cannot be relied upon. JUDGMENT   A. R. KHAN, J.-This is the appeal of Hadi Bakhsh, son of Imam Bakhsh, Garanani Jatoi by caste, aged about 35 years, resident of Mithal Village, Taluka and District Sukkur, who has been convicted of the offence of murder punishable under section 302, P. P. C., and subject to confirmation by this Court, has been sentenced to death by Mr. Ghulam Hussain S. Ansari, Additional Sessions Judge, Sukkur. His case is also before us for consideration connection with the reference made under section 374, Criminal Procedure Code, by the learned Additional Sessions Judge, for the confirmation of the death sentence passed upon him. We are considering his appeal and the said reference together and disposing them of by this judgment.   According to the prosecution, Sadoro (P. W. 1), his brother Saif-ud-Din (deceased) and his cousin Ghaus Bakhsh (P. W. 2) had been residing in village Karam Elahi. They were Jatois by caste like appellant Hadi Bakhsh who had been residing in Mithal village, about 3 to 4 miles away from their village. The relations between the two families had been rather strained for some time before the occurrence under consideration in this case. The main reason for these strained relations, it appears, was the prosecution of Saif-ud-Din's relations on a complaint made by the appellant to the effect that he, along with his brother Pathan, had been attacked and injured by them, anti their sub sequent acquittal by the Court of Sessions. Hadi Bakhsh in this case had involved not only Ghazi, son of Saif-ud-Din, but also his nephew Ali Gul and his cousin Dino. These persons are said to have been acquitted only about ten days before the occurrence under consideration. As a matter of fact, according to the prosecution, this acquittal was the real motive for the commission of this murder.   It is alleged that…