| Citation(s) |
|---|
| 1964 SLG 3680 = 1964 SLD 3680 = 1964 PLD 6 |
Quetta High Court
Criminal Appeal No. 13 of 1963, decided on 24th June, 1964.
Presented By: Wahiduddin Ahmed and Jamil Hussain Rizvi, JJ
Karam Elahi for Appellants. Abdul Qadir Sh. A. A. G. for the State. Dates of hearing: 23rd and 24th June 1964.
Criminal Appeal No. 13 of 1963, decided on 24th June, 1964.
Presented By: Wahiduddin Ahmed and Jamil Hussain Rizvi, JJ
Karam Elahi for Appellants. Abdul Qadir Sh. A. A. G. for the State. Dates of hearing: 23rd and 24th June 1964.
RASOOL BUX AND ANOTHER-Appellants
VERSUS
THE STATE-Respondent
Law: Limitation Act (IX of 1908)
Section: 410
Law: Penal Code (XLV of 1860)
Section: 154
Law: Criminal Procedure Code (V of 1898)
Section:
(a) Limitation Act (IX of 1908), Art. 154-Conviction under S. 302/34, P. P. C.-Appeal against sentence of transportation filed beyond limitation-Delay condoned-Criminal Procedure Code (V of 1898), S. 410. (b) Penal Code (XLV of 1860), S. 302/34-Murder-Omitting names of accused and witnesses in F. I. R. made by person not an eye-witness-Omission does not affect merits of case --Criminal Procedure Code (V of 1898), S. 154. (c) Evidence- Murder-Chance witnesses not mentioning (i) meeting each other or (ii) occurrence having been witnessed by other villagers-Omission would not demolish prosecution evidence Penal Code (XLV of 1860), S. 302/34. Nawab v. The Crown A I R 1923 Lah. 391 distinguished. (d) Evidence- Murder-Mere fact that accused and deceased were seen together immediately before occurrence--Not by itself sufficient for conviction-Penal Code (XLV of 1860, .S. 302/34. Hayat v. Emperor A I R 1932 Lah. 243 ref. (e) Witness- Eye-witness-Murder-Variance in statements of eye-witnesses, who were not near place of occurrence, on point whe ther crime-weapon was thrown at spot or taken away by accused --Statements, held, cannot be said to be untrue or contradictory-- Penal Code (XLV of 1860), S. 302/34. (f) Criminal Procedure Code (V of 1898), S. 164-Confes sion-Retracted-Independent corroboration necessary. (g) Criminal Procedure Code (V of 1898), S. 208-Public Prosecutor not bound to examine all evidence at enquiry stage. (h) Penal Code (XLV of 1860), S. 302/34-Murder-Accused absconding from place of occurrence-Inference adverse to accused. (i) Criminal Procedure Code (V of 1898), S. 164-Confession-Retracted-Confessional statement corroborated by evidence of independent witnesses and recovery of crime-weapon stained with human blood-Conviction for murder, held, proper-Penal Code (XLV of 1860), S. 302/34. (j) Criminal Procedure Code (V of 1898), S. 164-Confes sion-Retracted-Material corroboration lacking-Accused given benefit of doubt by way of abundant caution-Penal Code (XLV of 1860), S. 302/34. JUDGMENT…