Law:

Section:

(a) Penal Code (XLV of 1860)... .... S.392 --- Appreciation of evidence --- F.I.R. containing minute details of the incident had been recorded with promptitude without deliberations and preliminary investigation --- Names of accused having come to the knowledge of the police and the prosecution witnesses on the day of occurrence, there was no need of any identification parade of the accused --- Recovery of incriminating articles at the instance of accused had supported the prosecution case--¬Prosecution witnesses who had no animus or motive against accused had given a straightforward and reliable evidence --- Conviction of accused was maintained in circumstances with reduction in sentence which appeared to be harsh. (b) Criminal Procedure Code (V of 1898)--- ---- Ss. 242 & 537 --- Penal Code (XLV of 1860),-S.392 --- Omission by Trial Court to separately record the question-answer of the accused while framing formal charge had not caused any miscarriage of justice to the accused and the defect, if any, was curable under S.537, Cr.P.C. without' causing any damage to the validity of the trial. JUDGMENT MIAN ABDUL KHALIQ, J.---The criminal appeals have been filed against the judgment dated 12-4-1992 passed by Mr. Fakhar-ud-Din Siddiqui, Judge, Special Court for Suppression of Terrorist Activities (constituted under the Special Courts) Act, 1975, Bahawalpur Division, Bahawalpur whereby the appellants were convicted and sentenced to undergo ten years' R.I. each and a fine of Rs.Two lacs each, in default of payment of fine to further suffer three years' R.I. each in case F.I.R. 197/91 dated 13-7-1991 registered at Police Station Kot Samaba, District Rahimyar Khan under sections 392/411, P.P.C. 2. Shabbir Ahmad, absconder-accused, alongwith appellants was tried in absentia and was also sentenced as stated above. This judgment shall dispose of Cr. Appeal No.SC(T)10/92/BWP and CrA. No. SC(T) 11/92/BWP as both of them arise out of the same judgment. 3. Briefly, the prosecution case is that P.W. 1, Mukhtar Ahmad on 13-7-1991 at the spot made the statement Exh.PA to the effect that he was working as Munshi of Syed Azhar Ali Shah, owner of National Petrol Pump service in…

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