Case Details

Citation(s)
1981 SLG 1463 1981 SLD 1463 1981 PLD 196
Lahore High Court
Criminal Appeal No. 205 of 1979, decided on 26th November, 1980
KHALILUR REHMAN, J
Ch. Ghulam MuRiaza for Appellant. Dr. Nazir Ahmad for the State

MANZOOR HUSSAIN AND another--Appellants

VS

THE STATE--Respondent

Law:

Section:

(a) Evidence Act (1 of 1872)- S. 114, Illus. (b)-Accomplice-Evidence, appreciation of--Rule that evidence of an accomplice should not be accepted unless adequately corroborated in material particulars, held, not only 4ttracted in respect of commission of crime, but also in respect of participation of each of accused in commission of crime.-[Accomplice--Evidence]. (b) Penal Code (XLV of 1860)- -- S. 302-Murder-Recovery, evidentiary value of -Dead body of deceased not recovered, recovery of alleged weanoas of offence at instance of accused, held, of no avail, in circumstance: [Recovery]. (c) Criminal Procedure Code (V of 1898)- 5. 410 read with Penal Code (XLV of 1860), S. 302-Murder­ (criminal)-Evidence, appreciation of-Prosecution case mainly lingering on evidence of approver, factum of deceased having been last seen in company of accused; their extra-judicial confession and re­coveries of alleged weapons of offence--Witnesses of last seen evidence and extra-judicial confession related to complainant party and their testi­mony replete with contradictions and improvements while statement of approver suffering from material contradictions-Recovery of incriminating articles discarded being unreliable-Prosecution, held, failed to establish its case beyond doubt-Conviction and sentence set aside, in circumstances.-[Evidence]. JUDGMENT Appellants Manzoor Hussain son of Muhammad Din, Mirasi by caste and Rashid Ahmad son of Din Muhammad, caste Arain, were tried along with Muhammad Iqbal, by the learned Additional Sessions Judge, Sheikhupura, for offence under section 302/404/201/34, P. P. C. ; vied judgment dated 14-1-1979, they were convicted and sentenced to imprisonment for life and a fine of Rs. 500 each or in default thereof, further six months' R. I. each under section 302/34, P. P. C. ; four years' R. 1. each under section 201/34, P. P. C. They were further directed to pay a sum of Rs. 5,000 each to be paid to the heirs of the deceased a,, compensation under section 544-A, Cr. P. C. or in default, further six months' R. I. as the case may be. The sentences were ordered to run concurrently. Muhammad Iqbal co-accused, was given benefit of doubt and acquitted. 2.…
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