Law:

Section:

Penal Code (XLV of 1860)-- S. 302 read with Criminal Procedure Code (V of 1898), S. 288¬[Murder case] transferred statement Retrial Trial Court giving reasons for not relying upon statements of resiling witnesses trans-ferred under S. 288, L r. P. C. Reasons given neither perverse nor whimsical or capricious Nor such as could not be arrived at by any reasonable person Revision even if admitted order of retrial at most possible but S. 288, Cr. P. C. having been omitted by Ordinance XVIII of 1971, previous statements of resiling witnesses, not to be treated as substantive evidence at trial No likelihood of conviction ,misting in absence of any substantive evidence merely on basis of . Corroborative evidence ordering retrial, in circumstance, held, only an exercise in futility.-[Re trial]. Khurshid Ahmad v. Kabool Ahmad and others P L D 1954 Kar. 356 and Falak Sher's case P L D 1975 S C 179 ref. ORDER NASIM HASAN SHAH. J. Muhammad Nazir alias Billa respondent was tried for the murder of Muhammad Fazil alias Chairman by the Additional Session Judge, Lahore under section 3:`2, P. P. C. The story of the prosecution was that on 27 11 1972, at about 9 p.m. Muhammad Fazil deceased got down from a taxi along with his companions Muhammad Munir (P. W. 12). Akram alias Akko (P. W. 13) and Muhammad Iqbal at More Annianwala, Baghbanpura, and were proceeding with Muhammad Fazil in the lead, to their respective homes. Opposite the shop of Muhammad Siddique, fruit seller, Mohammad Nazir respondent, armed with knife (Exh. P. F.) confronted Muhammad Fazil and stabbed him in the chest region. Munir (P. W. 12) was tied to rescue the deceased, was also attacked. In warding off the blow with his hard is shirt Exa. P. 1 and jersey Exh. P. 2 were cut. Besides Munir P. W., the occurrence was witnessed by Akram (P. W. 13) and Iqbal (P. W. 14). 2. Muhammad Fazil was immediately taken by Munir (P. W. 12) to the Mayo Hospital where he died within a few minutes. The F. I. R. was dictated by Munir P. W. to Muhammad Anwar, S. I. in the hospital at 10 45 P.m. the same evening. Muhammad Nazir respondent was arrested on the following moraine (23 11 1972) and the weapon of offence, knife (Exh. P.…

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