Law: Penal Code (XLV of 1860)

Section: 302, 34

Penal Code (XLV of 1860) S. 302/34--Murder--Reliable ocular - Evidence corroborated by evidence of recoveries of crime weapons found stained with human blood-Plea of self-defence advanced at late stage inconsistent with disproportionate injuries inflicted by accused on their victims and contradictive of accused's own statements attributing their own injuries to beatings by police-Accused, held, rightly convicted under S. 302/34 P. P. C. in circumstances. Dates of hearing 25th and 26th June 1969. JUDGMENT DORAB PATEL, J.------The appellants Shafi Muhammad is the father of the other .three appellants. All the appellants have been convicted under section 302/34, P.. P. C. for the murder of Kamal Amal deceased by the Additional Sessions Judge, Hyderbad and the appellant Yaqoob has been sentenced to death whilst the other appellants have been sentenced to transportation for life and a fine of Rs 1,000 each to be paid as compensation to the heirs of Kamal deceased and in default one year s R.I. All the appellants have also been convicted under section 307/34 P.P.C. and sentenced to seven years R.I. They have filed appeals against their conviction and sentence which have come up before us for hearing and the case of appellant Yaqoob is also before us for confirmation of the sentence, of: death ,passed against him therefore we shall dispose of the appeals and the confirmation case by this judgment. 2. According to the prosecution the material facts are as follows:--- The appellant Yaqoob wanted to marry the daughter of P.W. Umar but P.W. Umar wanted the hand of a girl in exchange as the appellant rejected this proposal P.W. Umar refused to give his daughter in marriage to him therefore there was enmity between P.W. Umar and him. Kamal deceased was the son in law of P.W Umar and he the appellant Yaqoob suspected that Kamal deceased was responsible for preventing his marriage to P.-W. Umar's daughter. P. W.           Ahmed was a hari of Taj Muhammad Hakro, and a distant relation of Kamal deceased. On the evening of 30th October 1966, Kamal deceased had gone with P.W        Ahmad…