Law:

Section:

Keywords: Testimony, Examination, Prosecution, Plea, Refusal, Compensation, Seizure, Dispute, Defence, Conviction, Evidence, Discharge, Extra-Judicial Confession, Death Sentence, Maintain, Place, Cross-Examination, Trial Court, Grave Provocation, Confirmation Result: Appeal dismissed JUDGMENT MUHAMMAD HALEEM, J.-Appellant Kalandar Bux stands convicted under section 302, P. P. C. For the murder of his wife, Mst. Bachai and sentenced to death by the learned Sessions Judge, Khairpur Mirs vide judgment dated 28th July 1971. He has appealed against the conviction while the learned Sessions Judge has referred the case for the confirmation of death sentence. This judgment will dispose of both the matters. 2. According to the prosecution case, the incident occurred at 12-30 p .m. On 26th May 1970 in the house of the appellant at Kot Diji, Taluka Khairpur. Mst. Wasai, the mother of the deceased, was employed as a cook by Mir Atta Hussain. As usual she went to cook in the morning and. Returned at 12-30 p.m. Thereafter she took meal for the deceased and as she came near her house she heard her cries and on entering the house she saw the appellant causing hatchet blows to the deceased, whereupon she raised cries which attracted her other daughter, Mst. Mithan, and Kauro who also saw the appellant giving hatchet blows. After the deceased fell down the appellant ran out of the house along with the hatchet. The deceased expired at the spot. Mst. Wasai hastened to Police Station Kot Diji, which is 3 furlongs away, where she lodged the F. I. R. At 1 p.m. Giving out the reason that the deceased was murdered because site did not agree to live with the appellant in his house at village 'Bungalow'. Soon after the F. I. R. Was recorded, the appellant appeared at the Police Station along with the blood-stained hatchet. He was arrested and his blood-stained hatchet, shalwar and chappals were secured vide Mashirnama, Exh. 8. Thereafter Abdul Hafeez Beg S. H. O. Repaired to the wardat, where he saw the deceased lying on the ground. He secured the blood-stained earth vide mashirnama, Exh. 17, and sent the dead body to the Civil Hospital, for post-mortem examination. He next recorded the…

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