Law: Penal Code (XLV of 1860)

Section: 302

Law: Constitution of Pakistan, 1973

Section: 185

(a) Penal Code (XLV of 1860)  S. 302 MurderEvidence an motiveAlways a weak piece of evidenceSuch evidence cannot furnish corroboration of evidence of eyewitness.[EvidenceMotive] (b) Penal Code (XLV of 1860)  S. 302MurderEvidenceConcurrent findings of Court's' below         that evidence of independent recovery witness was sufficient to prove recovery of bloodstained clothes and hatchet from accusedNo error of law found in such concurrent findingHeld, such recoveries were sufficient to corroborate evidence of eyewitness. [Evidence Recovery]. Recovery]. (c) Constitution of Pakistan (1973)  Art. 185 read with Penal Code (XLV of 1860), S. 302 SentenceSupreme Court does not normally interfere with question of sentence unless sentence passed not a legal sentence.[Sentence]. Date of hearing : 1st October, 1979.                                                                                                                         JUDGMENT DORAB PATEL, J.Mst. Jindan was murdered in Chak No. 106/Dera Nawab Sahib, District Bahawalpur on 17th November, 1973 at about 200 P.m. The weapon used was a hatchet and the appellant was tried and convicted for the murder by the Sessions Judge, Bahawalpur and sentenced to death. The sentence pf death was confirmed by the Lahore High Court. Hence this appeal. In order to prove its case the prosecution relied on the evidence of eyewitnesses, on evidence of motive and on evidence of recoveries. The motive for the crime was that the son of Mst. Jindan had murdered the appellant's sister sometime before the occurrence. The appellant admitted that the son of the deceased had murdered his sister about. nine or ten months before the occurrence, but he denied that he had taken revenge or killed the deceased. He did not produce any evidence in his defence, but he said that the witnesses…