Law: Criminal Procedure Code (V of 1898)

Section: 164, 265, 288

(e) Criminal Procedure Code (V of 1898)-- S. 164 read with 265-J-Evidence recorded by Inquiry Court before abolition of committal proceedings under Law Reforms Ordinance (XII of 1972)-May still be equated with a statement recorded under S. 164, Cr. P. C. and transferred to Sessions file under S. 226-J, Cr.P. C., if such witness not supporting prosecution case at trial . and declared hostile.-[Witness-Evidence].(b) Criminal Procedure Code (V of 1898)-,--- S. 288 read with Law Reforms Ordinance (Amendment) Act (XXI of 1976), S. 5-Section 5 provides for any contingency and saves all cases pending before enforcement of Law Reforms Ordinance, to be proceeded and completed, notwithstanding any amendments in Cr. P.C., brought about by Ordinance-Case being pending at time Law Reforms Ordinance enforced evidence of witnesses recorded before inquiry Court, held, could be transferred to file of Session under S. 288, Cr. P. C.-[Interpretation of statutes-Witness).(e) Criminal trial-- [Murder-case]-Sentence-Mitigation-Exchange of hot words taking place between parties before accused fired at deceased Accused firing only shot in heat of moment-Lesser punishment for imprisonment for life, held, would meet ends of justice, in circumstances-Penal Code (XLV of 1860), S. 302-[Sentence).Date of hearing: 9th May, 1979.JUDGMENTSAJJAD ALI SHAH, J.-Appellant Missal Khan son of Safdar has been convicted for offence under section 302, P. F. C. and sentenced to death by learned Sessions Judge, Karachi,vide his judgment dated 6th January, 1978. Appellant has filed appeal against his conviction and sentence and at the same time there is before us a reference for confirmation of death sentenceunder section 374, Cr. P. C. We propose to dispose of both the appeal and the reference by this single judgment.Shortly stated prosecution case is that on the day of incident, that is, 7-12-72, at about 10-15 a.m. constable Rasool Khan came to Barrack No. 1 in the Police Headquarters to change his uniform. He found constable Sher Ahmed lying on his cot and constable Missal Khan, who is aappellant before us , sitting on another cot lying nearby with a rifle in his hands. Both - SherAhmed and Missal Khan…