Law: Penal Code (XLV of 1860)

Section: 397,421,419,391

Law: Criminal Procedure Code (V of 1898)

Section: 221,537

Penal Code (XLV of 1860)-------   -----Ss. 397 & 412-Same person cannot be both dacoit and receiver of booty obtained in dacoity committed by himself-Simultaneous conviction under Ss. 397 & 412-Not sustainable.   Penal Code (XLV of 1860)-----   -----Ss. 149 & 397-Provisions of S. 149 not applicable to offence under S. 397-Section 397 applicable only to accused actually armed with deadly weapons or causing or attempting to cause death or grievous hurt-Mere fact that one of accused at time of dacoity used deadly weapon or caused grievous hurt-Does not render all accused equally liable on principle of constructive or joint liability. Qalandar Bakhsh and another v. State P L D 1964 Kar. 269 and Muhammad Nawaz and others v. State P L D 1963 Lah. 361 ref.   Penal Code (XLV of 1860)----   ----Ss. 397 & 395 and Criminal Procedure Code (V of 1898), Ss. 221 & 537-Offence under S. 397, P. P. C.-Not substantive offence-Person charged with offence of dacoity-Section 397 instead of S. 395 mentioned in charge-Charge defective-Error, however, curable under S. 537-Code of Criminal Procedure (West Pakistan Amendment) Act (XVII of 1964), S. 23.   Identification-----   -----Evidence of very weak type-Dacoity Delayed identification test (after 8 months) based on momentary and partial glimpse of faces of assailants-No reliance can be placed on such identification-Dacoity committed at night-Persons terrorised at moment cannot be expected to memorise faces of large number of dacoits-Evidence of identification, in circumstances; rejected-Penal Code (XLV of 1860), Ss. 395 & 397.   Gulbeg and others v. State P L D 1964 Kar. 275 and Dil Muhammad Mondal v. Crown P L D 1956 F C 402 ref.   Date of hearing: 23rd December 1965.      JUDGMENT   Six persons, namely, Anwar, Rehmat Ali, Hasan Din, Murad, Haji and Hakam were convicted under sections 397 and 412, P. P. C. by Raja Muhammad Ayub Khan, Magistrate section 30, Cr. P. C. Sialkot, vide his order dated 30th April 1963. They were sentenced to seven years' R. I each under section 397, P. P. C. and five years R. I each under section 412, P. P. C. The…