| Citation(s) |
|---|
| 1951 SLG 24 1951 SLD 24 1951 PLD 352 |
Lahore High Court
Criminal Appeal No. 32 of 1951, decided on 17th May 1951, from the order of Sessions Judge, Rawalpindi, dated the 3rd January 1951, convicting the appellants
MUHAMMAD MUNIR, C.J., AND MUHAMMAD, JAN, J
A. R. Changez, Z. H. Lari, for Appellants. Mr. S. A. Mahmood, A.A.G., for
Respondent
Criminal Appeal No. 32 of 1951, decided on 17th May 1951, from the order of Sessions Judge, Rawalpindi, dated the 3rd January 1951, convicting the appellants
MUHAMMAD MUNIR, C.J., AND MUHAMMAD, JAN, J
A. R. Changez, Z. H. Lari, for Appellants. Mr. S. A. Mahmood, A.A.G., for
Respondent
SHER BAHADUR and others
VS
CROWN
Law: Evidence Act, (1 of 1872)
Section: 106,27
Law: Pakistan Penal Code, 1860
Section: 201
(a) Evidence Act (I of 1872), S. 106-Accused pointing out place where corpse of deceased was burnt and bones of human being, footwear and ring etc, were discovered-Burden on accused to prove he acquired his knowledge in innocent ways -Accused, held, guilty under section 201 Pakistan Penal Code--Evidence Act (I of 1872), S. 27. If the accused had acquired his knowledge of the place where the corpse of the deceased was burnt and bones of a human being, ring, chappal etc., of deceased were found, in an innocent way it was up to him to say so. It is laid down by section 106, Evidence Act, that when any fact is specially within the knowledge of any person, the burden of proving that fact is upon him. The accused, when asked by Court whether he had pointed out to the police the place from where the skeleton and some burnt articles were recovered, merely denied the fact and gave no explanation whatsoever. The fact was, however, satisfactorily proved and the least damaging inference that can be drawn from it against the accused is that he, knowing or having reason to believe that an offence had been committed, caused evidence of the commission of that offence to disappear with the intention of screening the offender from legal punishment. (b) Confession-Retracted-Needs corroboration before can be safely acted upon. JUDGMENT MUHAMMAD JAN, J.-Sher Bahadur, aged about 35 years, Ghulam Haider, aged about 30 years, and Sultan, aged between 16 and 17 years, sons of Azad, and Nur Muhammad, aged about 20 years, son of Ali Muhammad, all gujjars of village Gheela Khurd, police station Sangjani, District Rawalpindi, were tried on a charge of murder and convicted under section 302, Pakistan Penal Code, read with section 149, Pakistan Penal Code, inasmuch as they had committed murder in the prosecution of their common object, with one Gulab, son of Ali Muhammad, who was tendered pardon and made an approver in the case. Sher Bahadur and Ghulam Haider were sentenced to death, while Sultan and Nur Muhammad were sentenced to transportation for life. The sentences of death have been referred to this Court for confirmation and convicts have appealed from the order of the conviction.…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492