Law: Criminal Procedure Code (V of 1898)

Section: 438,439

(a) Criminal trial-Prosecution witness relative of com­plainant-Mere relationship no ground for rejection of evidence. (b) Criminal Procedure Code (V of 1898), Ss. 438, 439 Sentence-Enhancement-Reasons. The High Court will not interfere so as to enhance the sentence unless the sentence is grossly and manifestly inadequate and clearly wrong in the circumstances of the case. Recommendations for enhancement under section 438 Cr. P. C. should not be lightly made and when made, should be supported by reasons. [Cases referred to.] JUDGMENT ABDUL AZIZ KHAN. J.-Rustam Ali, Muhammad Amin, Muhammad Sharif. Yusaf Ali Yaqub Ali, Allah Ditta and Barkat Ali (Petitioners) were convicted by Mr. Anwar Shariq, Magistrate 1st Class, Sheikhupura, under section 148, P. P. C. and 324/149 P. P. C. and each one of them was sentenced to six months' rigorous imprisonment on each count. Both the sentences have been ordered to run con­ currently. The convicts went up in appeal against their convictions and sentences. Mr. Muhammad Aslam Khan, Additional Sessions Judge, Sheikhupura, has dismissed their appeal and has referred the case to this Court under section 438 of the Code of Criminal Procedure for enhance­ment of the sentences. The convicts have also filed a revision petition (Criminal Revision No. 230 of 1954) against their convictions and sentences. Briefly stated the facts of the case are that Barkat (P. W. 1) is a Mukhtar of Ilam Din, Girdawar Kanungo, Bazianwala. The petitioners, who are related to Ilam Din, suspected that Barkat P. W, had illicit relations with Mst. Hajran, wife of Ilam Din. On the 13th of March 1953, at about 9 a.m. Barkat P. W. was going from his village towards his square. When he reached square No. 5 he found the petitioners standing there. Barkat and Sharif, petitioners, were armed with kulharis; Yaqub petitioner had a ballam and the others had sotas in their hands. Rustam Ali (petitioner) exhorted his companions by raising a shout "Do not let him go". Thereupon the petitioners ran towards Barkat P. W. Sharif and Barkat (petitioners) attacked Barkat P. W. with their kulharis and caused injuries on his head. Yaqub (petitioner) then gave him a ballam blow on…

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