Law: Penal Code (XLV of 1860)

Section: 302

(On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 15th June 1967, in Criminal Appeal No. 435 of 1964). (a) Penal Code (XLV of 1860), S. 302-Acquittal by High Court of accused convicted by trial Court under S. 302-Case based on circumstantial evidence-Chain of circumstances strong however and could not be explained away on any hypothesis other than guilt of accused-Acquittal set aside by Supreme Court. (b) Penal Code (XLV of 1860), S. .302-Sentence-Accused a youth of 18 killing two persons-Mere fact that he acted out of jealousy-No ground for excusing murder-Circumstance, however, that accused had been acquitted in appeal by High Court-Taken into consideration by Supreme Court and penalty of transportation for life instead of death awarded. Date of hearing : 9th June 1969.   JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal by special leave arises out of the judgment of a Division Bench of the High Court of East Pakistan, allowing the appeal of the respondent herein and setting aside his conviction under section 302 of the Pakistan Penal Code and sentence of transportation for life. The respondent who was a domestic servant in the house of one Mr. Zafar Iqbal Yazdani, an engineer of the Pakistan River Steamers Limited at Narayanganj, was charged with having killed by stabbing with a dagger Shafizuddin Howledar and Rahimunnesa Bibi, the cook and Ayah, respectively, employed in the house of the said Mr. Yazdani, in the afternoon of the 11th September 1963, at about 4 p. m., and then tried to commit suicide himself. Mr. Yazdani resided in a portion of the ground floor of a south-facing two storied building situated at 12 Peter Road, Narayanganj. The other portion of the ground floor of this building was in the occupation of one Mr. Ahmad, another engineer employed in the same Company and the first floor was in the occupation of Mr. K. G. Cowper, the local agent of the Company. The respondent who was serving Mr. Yazdani as a bearer, used to reside with the deceased cook and the deceased Ayah in the servants' quarters, situated at a distance of 15 to 20 feet, on the north of the main building. The respondent and the…