Law: Penal Code (XLV of 1860)

Section: 326

Law: Evidence Act (I of 1872)

Section: 32

  Penal Code (XLV of 1860), S. 326---(Grievous hurt) Culprits rarely remain unidentified unless very elaborate precaution taken against identification.   Witness-Non-production of-Fact that in villages bondage of kinship cannot be easily shaken off-Cannot be ignored.   Evidence Act (I of 1872), S. 32-Dying declaration-To be considered along with other evidence-Conviction can be based on dying declaration alone if found genuine and stands normal tests for judging its veracity-Evidentiary value hinges on integrity of dying man-Mere delay no ground for rejecting such declaration.   Dates of hearing: 7th and 8th December 1965.  JUDGMENT   The six appellants, (1) Gaman, (2) Nura, (3) Allah Ditta, (4) Mathela, (5) Waryam, and (6) Sultan, were tried for offences under sections 326/149 and 148, P. P. C and by his order of the 23rd of November 1962, the Additional Sessions Judge, Lahore, at Sheikhupura, convicted and sentenced Gaman to 10 years' rigorous imprisonment, Nura to 7 years' R. I. and the other four appellants to four years' R. I. under section 326/149, P. P. C. They were further convicted under section 148, P. P. C. and sentenced each to one year's R. I. for forming an unlawful assembly. The sentences were ordered to run concurrently. Their co-accused, Bashir, was acquitted.   The daughter of Gaman, appellant, Mst. Naziran, was foundmissing and the deceased, Nazir Ahmad, was "suspected for her abduction. On the 21st of January 1962, Gaman went to the house of Ibrahim, father of the deceased, in village Dera Dhaban, police station Muridke, District Sheikhupura, and asked the deceased to accompany him to village Tootanwala to locate the missing girl. Nazir Ahmad, deceased, accompanied Gaman, accordingly. When after some time Nazir Ahmad did not return to his house, his father Ibrahim became restless and asked his sons, Muhammad Siddiq (P. W. 12) and Allah Rakha (P. W, 11) to find the whereabouts of their brother, who accord ingly left for the same village, Tootanwala. When they reached near village Tootanwala, they found that the deceased was being led by Gaman, appellant, from that village to village Dera…