Law: Penal Code (XLV of 1860)

Section: 302

(a) Penal Code (XLV of 1860), ---S. 302-Eye-witnesses riot inimical to accused; found truthful; fully connecting accused with murder and corroborated in their statements by reliable recoveries of crime weapon and other incriminating articles-Minor mistakes in their statements giving discrepant number of blows and injuries inflict ed regard being had to sudden nature of attack-Not sufficient to discard their evidence or throw out prosecution case outright-Convic tion under S. 302, maintained in circumstances. (b) Penal Code (XLV of 1860), ----S. 302-Murder-Sentence Mitigating circumstance - Accused committing crime from a sense of honour, deceased having been found prosecuting love intrigue with his sister-Lesser punishment provided under S. 302, Penal Code, held, appropriate in circumstance. Dates of hearing : 2nd and 3rd October 1969. JUDGMENT DASHIRUDDIN AHMAD, J.-Ishaq (24) was tried for the murder of Sarja on May 29, 1967, by the learned Sessions Judge, Sahiwal, who convicted him under section 302, P. P. C. and sentenced him to suffer death. 2. The condemned person has appealed and the case is also before us on reference under section 374, Cr. P. Code, for confirmation of the death sentence. We propose to dispose of the appeal and the refer-rice by a single judgment. 3. The prosecution case, shortly stated, is that on the eventful day at about. sunset, the appellant fatally assaulted the deceased inside the ihata of his father in Jhugian Marok by means of a hatchet with the result that the unfortunate man died at the spot. Sher Muhammad, Muhammad Nawaz, Ghumman, Pir Muhammad Anwar and Allahditta witnessed the occurrence. The motive for the murder was the suspicion that the deceased prosecuted a love intrigue with the sister of the appellant. 4. Leaving Muhammad Nawaz and others to guard the dead body, Sher Muhammad, a brother of the deceased, proceeded to Hujra Police Station, seven miles from the scene of the tragedy, and reaching there at 9-30 p.m: lodged the report Exh. P. A. 5. After scribing the report, A. S. I. Umar Hayat (P. W. 12) proceeded to the spot. He reached there at 12-15 a.m. The dead body of Sarja was lying in the ihata of the father of the…