Law: Criminal Procedure Code (V of 1898)

Section: 517

Law: Pakistan Penal Code, 1860

Section: 302,396,506

Evidence Act (I of 1872),Ss. 114 (b), 133-Accomplice-Who is-Witness present at crime but giving information only at arrival of police-Whether no better than.An accomplice means a guilty associate or partner in a crime; a person who is connected with the offence, or who makes admissions of facts showing that he had a conscious hand in it.Where a witness is not concerned with the commission of the crime he cannot be said to be an accomplice and his statement needs no corroboration.The witness in this case was a woman, an inmate of the house where the murder was committed and the wife of one of the accused, the latter's father and brothers being the co-�accused. Some 15 days after the occurrence she made a statement regarding the crime on the arrival of the police, in the course of which she said that she had been warned by her husband and his brother that if she raised an alarm she would be done to death.JUDGMENT This is an appeal under section 517, Criminal Procedure Code, by the Provincial Government from the order of the Additional Session Judge, Gujranwala at Gujrat, whereby he acquitted Hassan Muhammad and his four sons Muhammad Yousaf. Bashir Ahmad, Ghulam Rasool and Nazir Ahmad, who were tried by him on charges under sections 302 and 396 Indian Penal Code. On the 14th March 1948 a report was made at Police Station Kuthiala Sheikhan, in the district of Gujrat by Ali Muhammad Lambardar of Mauza Bhikhi. He said- that four bags were seen by him in a deserted well known as Hasiana, in the area of Bhikhi. Offensive smell was emanating from the well but be could not stay what the bags contained. Ire suspected that they contained same dead bodies. The, Mharrir Head Constable, Muhammad Faiz Rasool (P. W. 25) went to the spot with the informant after recording his report. He had the gunny bags P. 29 to P. 32 taken out of the well. They contained four dead bodies one was of an old man, another of an old woman, the third of a young woman and the fourth of a small girl. The bodies could not be identified by the people of Mauza Bhikhi who were asked to make enquiries as to who they were. On the next day, i.e., the 15th March 1948 Roshan and Mutalli…