Law: Penal Code (XLV of 1860)

Section: 302, 307

(On appeal from the judgment and order of the Chief Court of Sind, Karachi, dated the 21st December 1951, in Confirmation Case No. 42/Criminal Appeal No. 286 of 1951). Penal Code (XLV of 1860), Ss.302&307-Accuseddealing hatchet blow on head and his co-accused pushing deceased into canal water thereafter-Presence of sand in wind pipe of deceased and doctor opining that death caused by asphyxia due to drowning-Trial Court not accepting medical evidence that drowning was ante mortem- Reasons advanced by Sessions Judge for not accepting medical evidence found not sound-Conviction of accused under S. 30.E altered to one tinder S. 307. Dates of hearing: 29th and 30th October 1952. JUDGMENT SHAHABUDDIN, J.-This is an appeal by special leave from a judgment of the Chief Court of Sind by which the convic tion for murder and sentence of death, passed on the appel lant Karoo by the Sessions Judge of Hyderabad in respect of the death of one Mst. Bako, were confirmed. Along with the appellant, his brother, Miandad and cousin Punhoon were tried, the charge against the three being that in furtherance of their 'common intention to kill Mst. Bako, the appellant struck her on the head with a hatchet and Miandad and Punhoon threw her in a canal and that, there fore, they were guilty under section 302 read with section 34, P. P. C. But the Sessions Judge convicted the other two accused only of an offence under section 201, P. P. C., and sentenced them to rigorous imprisonment for three years each. These conviction-z and sentences also were confirmed and the joint appeal of all me three was dismissed by the Chief Court. Miandad and Punhoon also petitioned this Court for Special Leave to Appeal from the judgment of the Chief Court, but special leave was refused to them on the 3rd April 1952. The case for the prosecution was to the following effect: Mst. Bako was a cousin of the accused. She was first married to one Gallo, but while he was alive she eloped with P. W. 2 and married him on Gallo's death which occurred within a year of the elopement. This happened about 5 or 6 years prior to the- occurrence and since then the accused were not on visiting terms with Bako. On…