Law: Penal Code (XLV of 1860)

Section: Ss. 302 & 304

Penal Code (XLV of 1860), Ss. 302 & 304, Part I- Dying declaration alleging that accused dragged deceased to their court yard--Prosecution witnesses relatives of deceased and all witnesses mentioned in F. I. R. not called-Defence alleging illicit intimacy of deceased with accused's sister 6rw having cough: deceased by surprise-Accused s right to arrest deceased under S.59, Criminal Procedure Code (V of 1898)---Sudden provocation-Deceased inflicting blows to accused in order to escape Conviction altered from Ss. 302 to 304, Part I.   Attorney-General of Ceylon v. Kumara Sirghege Don John Perera P L D 1953 P C 9 ref.   JUDGMENT   G. B. CONSTANTINE, J.-The appellant Pirano having been con victed by the learned Sessions Judge, Dadu (Mr. Agha Ali Hyder) in agreement with all the four assessors under sections 302 and 357, P. P. C. and section 19-E of the Arms Act, and having been sentenced to death and concurrent sentences of 1 year R. I. and a fine of Rs. 500 in default 3 months' R. I. and 2 years' R. I., has appealed, and the case is also before us for confirmation.   The appellant was put up for trial along with Uris, Bhooro and Dino, and charges under sections 302/34 and 357, P. P. C. were framed against all the accused, while a charge under section 19-E of the Arms Act was also framed against the appellant alone. The other accused were convicted under section 357, P. P. C. and have not appealed. They were acquitted under section 302, P. P. C.   The deceased Yar Muhammad was the brother of the first informant, Jam, while the two other main prosecution witnesses, Yakoob and Yousuf, were his maternal cousin and uncle. They, like all the accused, are Othos by caste and residents of Karampur, a village with about 300 houses. Uris and Dino are brothers-in- law of appellant Pirano, and Bhooro is also their relative.   The first information is that Yar Muhammad deceased, the younger brother of Jam, considered that Pirano was unduly intimate with Jam's wife and had, therefore, warned him not to pass their house. About sunset time on the 7th May 1960, the deceased went to the shop of Ishaque to buy bidis, and on his way…