Law: Penal Code (XLV of 1860)

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 154

  Penal Code (XLV of 1860)----S. 302-Two of several accused not mentioned in F. I. R. Evidence of eye-witnesses not relied on account of omission and accused whose names not mentioned in F. I. R. acquitted-Conviction of remaining accused on sole testi mony of eye-witnesses, in absence of other corroborative evidence Unsafe -Criminal Procedure Code (V of 1898), S. 154.   The only evidence in the murder case consisted of the oral testimony of three eye-witnesses. The names of two of the several accused were not mentioned in the First Information Report and on account of this omission the trial Court acquitted those two accused but convicted the rest of them. The High Court on appeal by the convicted accused set aside their conviction holding that on account of the omission of the names of the two acquitted accused in the F. I. R. the evidence of all three eye-witnesses became doubtful and in the circumstance it was unsafe to rely on their testimony for the conviction of the remaining accused in absence of other good and sound corroborative evidence.   Penal Code (XLV of 1860)---S. 302-Case pivoting on sole testimony of eye-witnesses-Antecedents of witnesses not good Court hesitated in accepting testimony of such witnesses in absence or" other reliable corroborative evidence.   Date of hearing : 12th November 1965.   JUDGMENT   H. T. RAYMOND, J.----The two appellants Sabu son of Niaz Muhammad and Azmat son of Gulsher both Sangis by caste were tried by the learned Sessions Judge, Larkana, along with the acquitted co-accused Rahib son of Niaz Mohammad and Mohammad son of Allah Rakhio for offences under sections 148, and 302 read with section 149, P. P. C. In the result, the co accused Rahib and Muhammad were acquitted and the two appel lants convicted under section 302/149, P. P. C. and section 148, P. P. C. Under sections 302/149, P. P. C. they have each been sentenced to death and under section 148, P. P. C. to 12 months R. I. They have appealed from these convictions and sentences. This matter is also before us for confirmation of the death sentences. By this judgment we will dispose of both the appeals as well as the murder…