Law:

Section:

Penal Code (XLV of 1860), S. 302-Murder trial-Conviction for offence of murder based on statement of woman witness receiving 9 injuries at hand of accused and on statement of another prosecution witness-Presence of woman witness at spot and opportunity to identify assailant not doubtful-Woman witness having no motive to falsely charge assailant except that she turned down his overtures-Turning down such overtures, on other hand, furnishing motive for commission of crime -Conviction, held, well based--Appeal dismissed. JUDGMENT SAJJAD AHMAD, J.-This is a jail appeal by Ghulam Hussain, appellant, who was condemned to death by the learned Sessions Judge, Bahawalpur, for the murder of Mst. Rehm, and awarded 7 years' R. I. for the attempted murder of Mst. Maqsud Mai. His convictions and sentences were confirmed by the Lahore High Court. The appellant filed a jail petition for special leave to appeal to this Court, which was allowed. Mufti Nazar Muhammad, who appeared for the appellant at State expense, took us through the record of the case. The brief facts are that the appellant took fancy for Mst. Maqsud Mai, P. W. 5, and tried to persuade her to have illicit connections with him. She refused. He then sought the assistance of Mst. Rehm, who was related to him and who was also the sister-in-law of Mst. Maqsud Mai, to help him in this matter. She abused him and turned him out of the house. The appellant is alleged to have committed these offences as a revenge for his insult and his frustrated passion. According to the prosecution case, on the night of occur­rence, viz., the 19th of April 1968, at about 4 a.m., the deceased was sleeping on a cot along with her daughter, Mst. Naziran, aged about 7 years, and P. W. Mst. Maqsud Mai in the court­ yard of her house. Ghulam Farid; the husband of the deceased was sleeping in a separate cot. The appellant entered the court yard and started giving hatchet blows to Mst. Rehm. Her shrieks woke up Mst. Maqsud Mai, who raised an alarm. The appellant then turned towards her and inflicted hatchet blows on her. Ghulam Farid and Mst. Naziran, who were also awakened, identified the appellant as it was, a moonlit night. Their alarm…

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