Law: Pakistan Penal Code, 1860

Section: 396,412,412,396

(a) Identification-----Weight to be given to accused-Must depend on circumstances of each of other corroborative or independent evidence. (b) Penal Code (XLV of 1860)--- ----Ss. 396 & 412396 & 412-Only evidence against one of accused: recovery of part of stolen property gained in dacoity-Conviction under S. 396 altered to one under S. 412. Mushtaq Hussain Khan, Advocate Supreme Court instructed by M. B. Khizar Tamimi, Attorney for Petitioners. S. A. Mahmood, Advocate Supreme Court instructed by Ijaz Ali, Attorney for the State. Date of hearing : 13th December 1956. JUDGMENT MUHAMMAD SHARIF, J.-This is an appeal by our special leave from the judgment and order of the High Court of West Pakistan, Lahore, dated the 22nd of March 1956, by which the appeal of six appellants against their conviction under section 396, Pakistan Penal Code, was dismissed, but the sentence of death passed upon each was committed to transportation for life, except in the case of Shafi upon whom the sentence of death passed by the trial Court was confirmed. Early in the morning of 28th of December 1954, three pedlars, viz. Rehmat Ali, Shams Din and Bundu, started out from their house in the city of Jhang for the Railway Station to catch the 4-00 a.m. train for Sargodha. Each carried a bundle of cloth. They had gone about 11 furlongs from their house when near Chah Tootanwala they were waylaid by six or seven persons. The assailants were armed with sticks and one of them had a fire-arm. The bundles of cloths were attempted to be snatched away. A struggle ensued in the course of which the fire-arm was used and Rehmat Ali was hit and he fell down upon the ground. Shams Din also received injuries with a stick. The bundles of cloth were taken away as also the purse belonging to Shams Din which contained two currency notes of Rs. 10 each and a one-rupee note together with the vouchers relating to the purchase of cloth from Munshi Khan. A report of the above facts was lodged by Shams Din at the Police Station Maghiana at 4-15 a.m. The assailants were unknown, but it was claimed that he would be in a position to identify them. It was further mentioned that from their talk the dacoits…

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