Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302 Sentence Deceased done to death inside his house by two strokes of wooden pestle-Evidence lacking to show that accused brought pestle with him-Possibility existing of accused coming with evil design to have sexual intercourse with deceased's daughter and of alterca tion taking place between accused and deceased provoking accused at spur of moment to pick up pestle and hit- deceased-Accused, held, had no motive to kill deceased-Sentence of death modified to transportation for life. JUDGMENT SHAUKAT ALI, J.-Ramzan (26), was prosecuted under section 302, P. P. C. for having caused : the death of his uncle Muhammad, an old man of 60 years, on the night intervening 26th and 27th of February 1967, in village Massan, District Jhang. The learned Additional Sessions Judge, who tried him, sentenced him to death. He has come up in appeal to this Court and there is a usual reference for the confirmation of the sentence of death. 2. Briefly summarized, the case of the prosecution is this. The appellant is a bachelor. He approached his brother Kamir and his wife Mst. Phaphan P. Ws. to arrange for his marriage. Both promised to do so. On the 26th of February 1967, Kamir P. W. had gone to Mochiwala. In his absence the appellant at about noon time had a row with Mst. Phaphan as she had failed to arrange for his marriage. He threatened Mst. Phaphan that he would outrage her modesty that night. Mst. Phaphan apprised Shamir P. W. and her father Muhammad deceased of this fact. Shamir P. W. detailed his son Amir P. W. to sleep in the house of Mst. Phaphan that night. Muhammad deceased too decided: to sleep there. At about midnight the appellant came there. He peeped through the door where Mst. Phaphan was feeding her baby. She recognised him. In the meantime, the appellant delivered two blows with the pestle to Muhammad who was smoking bubble near the door of the room where Mst. Phaphan was asleep. Mst. Phaphan awoke Amir P. W. and raised alarm. Shamir and Allah Bakhsh P. Ws. reached there. They wanted to apprehend the appellant who threatened them and decamped. The occurrence was witnessed by Mst: Phaphan, Amir, 'Shamir and Allah Bakhsh P.…