Law:

Section:

(a) Penal Code (LXV of 1860)--------S. 302-Evidence of foot prints having been traced and identified by itself not sufficient to prove case against accused-Evidence Act (1 of 1872), S. 45. (b) Evidence Act (1 of 1872)---- --S. 6, illus. (a)-Declaration referred to in illustration should be substantially contemporaneous with act-Interval between act and declaration should not be such as to allow of fabrication or to reduce declaration to mere narrative of past. (c) Witness--- --Prosecution witness-Delay in filing first information report-Possibility that delay was deliberate-Mention of witness's name in first information report no guarantee of truth of his statement-Criminal _Procedure Code (V-of1898),S.154. (d) Appeal to Supreme Court- ---Criminal appeal-Supreme Court accepting appeal and acquitting convict-appellant whether can set aside conviction of another co-accused who did not appeal (Quaere)-Supreme Court, in circumstance, recommended to provincial Government that sentence imposed on non-appealing convict be filly remitted. JUDGMENT SHAHABUDDIN, J. --The appellant Ghulam Nabi Shah was tried along with Shafi Muhammad and Khudadino by the Sessions Judge, Nawabsbah, on the charges that they with Bhalerakhio Shah, who was an accused in the case but died during the committal enquiry, entered into a conspiracy to murder Ghulam Muhammad Channar, and that in pursuance of that conspiracy the appellant committed the murder and Khudadino abetted the same by being present at the time of the commission of the offence. The Sessions Judge acquitted all the accused on the charge of conspiracy, con­victed the appellant under section 302 and Khudadino under sec­tions 302/ 109 and 114 of the Pakistan Penal Code and sentenced the appellant to death and Khudadino to transportation for life. On appeal the Chief Court of Sind confirmed these convictions and sentences. This is an appeal by the appellant with the special leave of this Court against the judgment of the Sind Chief Court. Khudadino has not appealed. The case for the prosecution was as follows :- There was long standing enmity between the above said Bhalerakhio, a Sayyad and Ghulam Muhammad Channar extending over…

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