Law: Criminal Procedure Code (V of 1898)

Section: 288

  Criminal Procedure Code (V of 1898) S. 288-Statement recorded during commitment proceedings transferred to Sessions file under S. 288-Court in its discretion, never theless, not barred from acting on subsequent evidence in preference to earlier statement where such statement appears to be not true. Date of hearing : 9th January 1974.                                                                                                                                 JUDGMENT M. S. H. QURESHI, J.-Appellant Gulsher was tried along with co accused Karim Bakhsh, Rasul Bakhsh and Bakhtiar under section 302/34, P. P. C. for the murder of Bariwag deceased, and under section 307/34, P. P. C. for murderous assault on Karam P. W. The co-accused were acquitted on both the charges. The appellant, too, was acquitted under section 307, P. P. C. but was convicted under section 302, P. P. C. and was sentenced to death as well as to pay a fine of Rs. 2,000, or in default to undergo R. I. for two years in the event of the death sentence not being confirmed by the High Court. Gulsher has appealed. On the reference side, we have the death sentence passed against him for confirmation. 2. The occurrence took place at Degarwela on 24th January 1970, in village Thul Hairo, Tehsil Jampur, District Dera Glaazi Khan. At that time Bariwag deceased, Karam P. W. and his mother Mst. Sohagin were cutting grass in Band Tilkan, when appellant Gulsher and co-accused Karim Bakhsh armed with guns and co-accused Rasul Bakhsh and Bakhtiar armed with hatchets came and, saying that they had come to avenge the death of Gorish, brother of the appellant who had been killed on that day by Salim, father of Karam P. W., in the area of Dajan, attacked the complainant party. Karim Bakhsh first fired at Karam which missed. The appellant then fired at Bariwag deceased who fell down on the spot.…