Law: Probationof offender Ordinance, 1960

Section: 5

Law: Pakistan Penal Code, 1860

Section: 324,337A(ii),149

(a) Probation of Offenders Ordinance (XLV of 1960)-------S. 5---Penal Code (XLV of 1860), Ss.324, 337-A(ii) & 149---Appreciation of evidence---Sending accused on probation---Injured prosecution witness added name of accused A of causing hatchet injuries to him, but said fact had not been supported and corroborated by complainant---Case of accused A, in circumstances was distinguished from the case of other accused persons B & C---Both complainant and injured witness were unanimous that accused D instigated remaining accused on which two accused B & C caused hatchet injuries to injured---Said fact had been fully supported and corroborated by medical evidence---Trial Court found Lathi injuries allegedly caused by accused two co-accused D & E on the person of injured doubtful and acquitted said accused persons from the charge---Injuries caused by accused B & C on instigation of accused D, had been proved from the evidence of prosecution witnesses---Trial Court in circumstances had rightly convicted and sentenced them---Case of accused A being doubtful, he could not be convicted for said offence and he was entitled to be acquitted from charges---As no part of causing injuries to injured from the hands of accused E had been established, he was also liable to be acquitted from the charge---No case having been made out against accused A & E, impugned of the Trial Court with respect to their involvement, was set aside---Accused B, C & D, being first offenders, their sentences were maintained, but they were sent on probation for a period of three years. (b) Probation of Offenders Ordinance (XLV of 1960)-------S. 5---Penal Code (XLV of 1860), S.324---Sending accused on probation---Concept of punishment---Appreciation of evidence---One of the concepts of punishment was to reform an offender so that after serving out sentence he should become a beneficial member of the society---Present state of affairs in the jails was such where a person once entered into it, then instead of coming out as a reformed person, he would come out as a hardened criminal---Basic and main idea of punishment was reformation, which apparently was not available in…