| Citation(s) |
|---|
| 1965 SLG 80 1965 SLD 80 1965 PLD 188 |
Supreme Court of Pakistan
Criminal Appeal No. 112 of 1963, decision dated: 11th November 1964. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 5th June 1963, in Criminal Appeal No. 504 of 1962)
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Nazir Ahmad Senior Advocate Supreme Court instructed by Amjad Hussain Senior Attorney for Appellant. Iqbal Ahmad Siddiqi Advocate Supreme Court instructed by Mahmood Shah Mashhedi Attorney Nos. 1 to 5. Rustam S. Sidhwa Advocate Supreme Court instructed by
Criminal Appeal No. 112 of 1963, decision dated: 11th November 1964. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 5th June 1963, in Criminal Appeal No. 504 of 1962)
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Nazir Ahmad Senior Advocate Supreme Court instructed by Amjad Hussain Senior Attorney for Appellant. Iqbal Ahmad Siddiqi Advocate Supreme Court instructed by Mahmood Shah Mashhedi Attorney Nos. 1 to 5. Rustam S. Sidhwa Advocate Supreme Court instructed by
NAZIR HUSSAIN
VS
MUHAMMAD SHAFI AND OTHERS
Law: Pakistan Penal Code, 1860
Section: 302,149,148
Law: Evidence Act, (1 of 1872)
Section: 145
Law: Criminal Procedure Code (V of 1898)
Section: 288,161,162
(a) Criminal Procedure Code (V of 1898), Ss. 288, 161 & 162Previous statement of witness recorded by Police-Cannot be treated as substantive evidence-Can only be utilised under S. 162 to contradict such witness in manner provided under S. 145, Evidence Act, 1872-Evidence Act (I of 1872), S. 145. A previous statement of 'a witness cannot be utilised as substantive evidence unless this is contained in the evidence of the witness duly recorded in his presence at a previous proceeding, such as commitment proceedings, and then put in at the trial under section 288 of the Criminal Procedure Code, 1898. A statement recorded by the Police under section 161 of the Code cannot be utilised as substantive evidence. It can only be utilised under section 162 of the Code to contradict such witness in the manner provided by section 145 of the Evidence Act, 1872. When a witness is so contradicted by statement recorded by the Police in the course of investigation the only effect that it can have is to reduce the evidentiary value of his testimony in Court and make the witness unreliable on the point on which he is contradicted. (b) Witness-Interested -Rule that statement of interested witness can never be accepted without corroboration-Not inflexible. Niaz v. The-State P L D 1962 S C 269 ref. (c) Penal Code (XLV of 1860), S. 302-Sentence-Conviction on appeal from acquittal - Maximum punishment not awarded in view of lapse of 3 years since trial began-Criminal Procedure Code (V of 1898), S. 417. JUDGMENT HAMOODUR RAHMAN, J.-This appeal, by special leave, is directed against the judgment and order of a Division Bench of the High Court of West Pakistan acquitting the first five respondents herein and refusing to confirm the sentences of death imposed upon them by the Sessions Judge of Gujranwala. The said respondents were tried under sections 302/149 and 148 of the Pakistan Penal Code for having formed themselves into an unlawful assembly with the common object of committing the murder of the deceased Khurshid Alam Shah and in prosecution of that common object to have actually on the 29th of July 1961, at about noon time, committed the murder of the said Khurshid Alam in the…
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