Law: Penal Code (XLV of 1860)

Section: 302

(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, dated the 2nd February 1970, in Criminal Appeal No. III of 1969). Penal Code (XLV of 1860), S. 302 Murder- Appreciation of evidence-Evidence of prosecution witnesses supported by recover of incriminating articles found by Serologist to be starred with human blood and recovered from accused possession at his own instance Evidence also finding support from medical evidence Delay in making F. I. R. sufficiently explained-Conviction, held, rightly' based on proper appreciation of evidence and called for no interference. Date of hearing : 25th March 1970. ORDER WAHIDUDDIN AHMAD, J.-The petitioner Fazal Dad was tried under section 302, P. P. C, for the murder of Mst. Sahib Khatoon on the 9th August 1967, at about Peshiwela in the area of village Chamcha, District Campbellpur, about 10 miles from the police station. The learned Sessions Judge, Campbellpur, by judgment dated the 7th June 1969, convicted the petitioner and sentenced him to death. The petitioner challenged his conviction Criminal Appeal No. III of 1969 before division Bench of the West Pakistan High Court, Peshawar Bench. The learned Judges of the High Court, by judgment dated the 2nd February 1970, dismissed the appeal and confirmed t ho death sentence. The prosecution case is that the petitioner Fazal Dad had been demanding the hand of Mst. Sahib Khatoon from her father Karam Hussain which was refused. He had also expressed his desire to Mst. Sahib Khatoon but she had also refused. It is alleged that on the 9th August 1967, Karam Hussain had gone to his field. Alam Din P. W. 9 and his paternal aunt Mst. Sahib Khatoon had gone to the Dhok of Mst. Fatima. At about peshiwela both of them were returning to their house at village Chamcha. When they reached near the field of Sultan Mahmood Lambardar, the petitioner armed with chhuri came from a bush and asked Mst. Sahib Khatoon to marry him. She rejected the demand immediately. Thereupon, the petitioner attacked Mst. Sahib Khatoon. The deceased ran to save her life but was overtaken by the petitioner who gave her two chhuri blows in her back. The petitioner further…