Law: Penal Code (XLV of 1860)

Section: 302, 304

Penal Code (XLV of 1860) S. 302 read with S. 304, Part II-- Murder-Mitigation-Confessional statements, one judicial and other non-judicial; alleged to have been made by accused, and a Ruqqa alleged to be in his hand, admitting having killed deceased (wife) because of her bad character, found fabricated to make out a fool-proof, case against accused having no intention to kill deceased (wife), extremely grieved, at having caused her death and in a fit of remorse even attempting to take his own life-Offence committed by accused in circumstances, held, fell not under S. 302 but under S. 304, Part II-Conviction under S. 302 altered to one, under S. 304, Part II, Penal Code, 1860. M. A. Jalil v. The State P L D 1969 S C 552 rel. Date of hearing : 17th April 1970. JUDGMENT ASLAM RIAZ HUSSAIN, J.-Ghazanfar Ali aged 25/26 years was tried by Mr. Mohammad Karam Shah, Sessions Judge, Sialkot, for offences under sections 302 and 309, P. P. C. for committing the murder of his wife Mst. Nafis Begum and attempting, thereafter, to commit suicide. The learned trial Court found him guilty of both the offences vide its order dated 20th March 1969, and sen tenced him to death under section 302, P. P. C. and to one year's R. I. under section 309, P. P. C. The sentence under section 309, P. P. C. was to take effect in case the sentence of death was not confirmed by this Court. 2. Ghazanfar Ali appellant has filed an appeal against the above-noted order. The case is also before us for confirmation, of the death sentence under section 374, Cr. P. C. We propose to dispose of both, the appeal anal the murder reference, by this single judgment. 3. The facts of the prosecution case, briefly stated are that Ghazanfar Ali appellant was married to Mst. Nafis Begum deceased about 9/10 days before the occurrence. On the night between 18/19th'Jlaly 1967, Ghazanfar Ali appellant and his wife slept inside a kotha of their house. The door of the room was closed from inside. Early next morning Mst. Bashiran Bibi P. W. 14, the mother of Mst. Nafis Begum came to their house and knocked at the door of their room, but there was no reply: Mst. Bashiran Bibi P. W. then went back thinking that…