Law: Criminal Procedure Code (V of 1898)

Section: 309

Law: Penal Code (XLV of 1860)

Section: 302,149,147,148

  (a) Criminal Procedure Code (V of 1898)------   -------- S. 309-Trial Judge failing to comply with provisions of S. 309-Case remanded.   (b) Penal Code (XLV of 1860)-------   ----- Ss. 302/149, 147 & 148 Prosecution case resting solely upon oral testimony of eight eye witnesses-Five of them speaking of incident taking place in house of N, while according to other three witnesses incident taking place in onion field-All prosecution witnesses closely inter-related -Contradictions in evidence and statements made to police-Infirmi ties in oral testimony of eye-witnesses Unsafe to base conviction on such evidence in absence , of other corroborative evidence.     Dates of hearing: 31st August and 1st September 1965.   JUDGMENT   H. T. RAYMOND, J.-The six appellants in this case were originally tried and convicted by Mr. Abdul Kadir I. Kazi then Additional Sessions Judge, Jacobabad, of offences under sections 302/149, 147, 148, 323, 325 and 452, P. P. C. and were sentenced to varying terms of imprisonment under the remaining sections whereas under section 302/149, appellant Ghafooro was sentenced to death and the rest to transportation for life. Criminal Appeal No. 196/64, was filed on behalf of these appel lants against their conviction and sentences which was heard by us along with Confirmation Case No. 40/64, in March last. Inasmuch as it then appeared to us that the provisions of section. 309, Cr. P. C. had not been complied with by the trial; Judge we then remanded the case back to him under a short order dated 26-3-1965 in which we directed that-   "this case be remanded to the Court of Mr. Abdul Qadir I Kazi now Additional Sessions' Judge, Karachi, who, after re-calling the same assessors and securing the presence of the appellants, .will take -the opinion of these assessors on each charge as required by section 309(1), Cr. P. C. He shall then re-hear the arguments on all the charges and write a fresh judgment. The case shall be disposed of by him within a month from the date of the receipt of the records."   The learned Additional Sessions Judge complied with these directions and after…