Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Murder-Sentence Natural eye-witnesses of incident corroborated by independent prosecu tion witnesses, having no motive to falsely implicate accused-Nothing to suggest that witness spared real culprit and instead substituted accused for real murderer-Accused given hot chase and captured with blood-stained knife immediately after murdering deceased Murder premeditated, cold-blooded, brutal, and for baser motive with out any provocation-Sentence of death maintained in circumstances. Date of hearing : 12th July 1971: JUDGMENT GHULAM RASOOL K. SHAIKH, J.-This is an appeal against the judgment of the learned Additional Sessions Judge, Karachi; con victing the appellant for an offence under section 302, P. P. C. and sentencing him to death as no extenuating circumstance was found. This case has also come up for confirmation of the death sentence, on a reference under section 374, Cr. P. C. This judgment will dispose of both. The incident had taken place on 8-10-1968 at. 10-45 p.m. in the brothel area and the first report was lodged by Muhammad Hanif at 11-15 a.m. at the Police Station situated at a distance of about 1 furlongs. The first report was recorded by Nazir Hussain S. I. P. Mst. Nargis was a prostitute and was living at Napier Road, The deceased Manzoori lived with Mst. Nargis and was engaged in dancing and singing. The appellant used to visit the deceased as they had developed illicit connections. Subsequently the deceased developed liking for Rehmat witness and, therefore, the appellant got annoyed. Muhammad Hanif and Abdullah were in the employment of Mst. Nargis. On 8th October 1968 at 10-45 p.m. the appellant visited the brothel area and sent a boy by name Gul to deceased but she refused to go. So the appellant himself went upstairs and found the deceased with Rehmat. He asked" the deceased to go with him but she refused whereupon the appellant took out the knife from the folds of his shalwar and started stabbing Mst. Manzoori who fell down arid became unconscious. This assault was witnessed by Mst. Nargis, Rehmat, Muhammad Hanif and Abdullah. The appellant, after inflicting the injuries got down and. started running…