Law: Penal Code (XLV of 1860)

Section: 304

Petal Code (XLV of 1860), S. 304, Part 1--Murder Sentence-Accused on seeing deceased (widow of Iris first cousin) in suspicious circumstances with her menial servant proved to make murderous assault on her, thinking she was bringing disgrace to family-Sentence reduced in circumstances to four years' R. 1.   JUDGMENT The appellant, has been convicted under section 304, Part I of the Pakistan Penal Code and has been sentenced to ten years' rigorous imprisonment and a foe of Rs.1,000 by the learned Additional Sessions Judge, Shiekhupura. In default of payment of the fine, he was directed to undergo further rigorous imprison ment for six months. 2. The prosecution case against the appellant is that he murdered Mst. Halima Bibi, the widow of his first-cousin Kala can 1st of July 1967, in village Asil Par, in the jurisdiction of Police Station Mangtanwala, in District Sheikhupura. 3. Mst. Halima Bibi deceased was a widow. A part of the land belonging to her husband was mutated in her name and that of Mst. Iqbal, a minor daughter of Kala from Halima. After the death of her husband, Mst. Halima engaged one Manna, a Chris tian, as a servant. We find from the evidence of Shahrah (P. W. 2) that this Manna on occasions used to spend night in the house of the deceased. This aroused suspicion and rumour in the village that the deceased had an illicit liaison with Manna. On 1st of July 1967, the appellant at about rotiwela went to Shahrah (P. W. 2) and asked for the loan of the latter's plough. He was then holding a club which had been cut off from a kikar tree. Shahrah told the appellant that he should come next day for taking the plough. On this, the appellant proceeded towards the village and Shahrah followed him. There were some reeds on the path which the appellant was traversing. He found Mst. Halima deceased and her servant Manna Christian together in the reeds. Manna took to his heels as soon as he saw the appellant and Saharah but Halima was caught hold of by the appellant who burst out that she was carrying on with Manna Christian and was bringing infamy to his, family. He started beating her. Mean , while, Rehmat, who was examined as C. W. 1, also…