Law: Penal Code (XLV of 1860)

Section: 302

  (a) Penal Code (XLV of 1860), S. 302-Murder-Evidence Some prosecution witnesses receiving injuries and rest residents of locality-Presence at spot indisputable and natural Eye-witnesses giving consistent account of occurrence and nothing to explain why they should falsely implicate accused and let real culprits go unpunished-Court, held, rightly convicted -accused on strength of this evidence. (b) Penal Code (XLV of 1860), S. 302-Murder-Sentence---Extenuating circumstance-Accused having no motive to kill deceased-Possibility not ruled out of accused firing at deceased in dark on a sudden impulse taking him for his daughter's abductor --Sentence of death, in circumstance, reduced to transportation for life. JUDGMENT SHAUKAT ALI, J.-Feroze Khan (55), was charged under section 302, P. P. C., on two counts for the murders of Rahim-ud- Din and Rehmatullah and under section 307, P. P. C., for attempted murders of Mst. Vakilan and Mst. Bali. He was sentenced to death for the murder of Rehmatullah and transporta tion for life for the murder of Rahim-ud-Din. In addition he was ordered to suffer one year's R. I., under section 307, P. P. C., for causing injuries to Mst. Bali and Mst. Vakilan. The sentences of transportation and imprisonment were to take effect only if the death sentence was not confirmed. The convict has appealed through Mr. M. Anwar, Advocate, and the case is also before us for the confirmation of the death sentence. This judgment will dispose of the appeal and the reference together. 2. The case for the prosecution was briefly as follows. Two years prior to this occurrence, Mst. Anwar Begum, unmarried daughter of the appellant was abducted by Rahimuddin deceased, Bashir Ahmad P. W. and two others from Bhera. At the time of the abduction the appellant was posted as Head Constable Police in Hyderabad District. On his application Exh. P.E.E., a case under section 366, P. P. C. was registered on the 15th of April 1965, at Police Station Bhera, District Sargodha. The case, however, did not succeed as Mst. Anwar Begum did not support the prosecution story. However, she was restored to the appellant who eventually married her to someone else. A…