Law: Penal Code (XLV of 1860)

Section: 302

(a) Criminal trial -Motive - Case against accessed proved satisfactorily-Absence of motive of no consequence-Pehal Code (XL V of 1860), S. 302. The State v. Bashirullah P L D 1964 Dacca 710 rel. (b) Criminal trial -Sentence-Mitigation-Deceased completely at mercy of accused yet accused giving only a single knife blow of thigh-Maximum penalty under law, held, not roper-Sentence altered from death to transportation for life-Penal Code (XLV of I860), S. 302. Date of hearing: 9th August 1972.                                                                                                                        JUDGMENT AGHA ALI HYDER, J.-The appellant and one Abdul Ghani were tried by the learned Additional Sessions Judge, Karachi; for offences under sections 302 and 324/34, P. P. C. Abdul Ghani was acquitted but the appellant was convicted and sentenced to death on the former count, while under section 324/34, P. P. C. he was to undergo R. I. for one year. Aggrieved by the judgment of conviction and sentence he has come in appeal. A reference has also been made by the learned Additional Sessions Judge as required under section 374 of the Code of Criminal Procedure. Both, the reference and the appeal will be disposed of by a common judgment. 2. The prosecution story, succinctly stated, is that P. W. Mst. Maryam had transferred her affection from the appellant to Ghulam Sabir, since deceased. As a result thereof, the appellant had started nursing a grudge against him. It is alleged that oft the 12th of August 1969, at about 11 p.m. Ghulam Sabir, with a. child in his lap, accompanied by P. W. Nasiruddin, passed by the side of Banjaran Hotel situated in Gandhi Nagar, Karachi. The appellant and one Makrani were sitting on the way. Seeing Ghulam Sabir, the appellant lost his temper and shouted that he would not go alive. Sensing danger, Ghulam Sabir handed over the child to P.…