Law: Penal Code (XLV of 1860)

Section: 302

(a) Penal Code (XLV of 1860), ----S. 302-Murder-Appreciation of evidence-Presence of injuries on accused's person-Tell-tale evidence of his participation in commission of offence-Accused stabbing deceased within sight of truthful witnesses inflicting injuries sufficient to cause death-Conviction on capital charge maintained. (b) Penal Code (XLV of 1860), ----S. 302-Murder-Sentence Mitigating circumstance-Deceased carrying on love intrigue with niece of accused a respectable proprietor of village-- Accused induced to commit murder from a sense of honour- Lesser penalty provided under S. 302, held, sufficient to meet ends of justice-Sentence altered from death to one of transportation for life. JUDGMENT BASHIRUDDIN AHMAD, J.-Shahmad (61), Noora (18); Shera (27) and Manzur (16) were tried for the murder of Ghulam on September 12, 1966, in furtherance of their common intention, by the Additional Sessions Judge, Gujrat, camp Gujranwala, who acquitted Noora, Shera and Manzur, but convicted and sentenced Shahmad under section 302, P. P. C. -to suffer death. 2. The condemned person 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 reference by a single judgment. 3. The case for the prosecution, briefly narrated, is that on the eventful day, at about chkah-wela, the appellant, who suspected the deceased of prosecuting a love-intrigue with his niece, stabbed him by means of a chhuri near the shop of Muhammad Mochi, in the area of village Kanwanwali. Murad and Rahman witnessed the occurrence. While the deceased was being taken to his house by his father, he was attacked by Shahmad, Noora, Shera and Manzur near the house of Haku. Noora and Shera caused him injuries with hatchets at the instigation of Shahmad, who inflicted on him a chhuri blow. Manzur was empty-handed. This incident was witnessed by Inayat and Bashir. Ghularn died at the spot. 4. Aft6r the occurrence, Rahman proceeded to Sukheki Police Station at a distance of four miles from the scene of the crime and reaching there at 10-00 a.m. lodged the report, Exh. P. A., which was taken down by…