Law:

Section: 302

(a) Criminal trial-Delay   --Accused facing trial for murder for four years-Delay mitigating circumstance for sentence-Penal Code (XLV of 7860), S. 302.   (b) Sentence-Murder-   Absence of motive-Sentence of death inexpedient.   Dates of hearing : 23rd, 24th June 1959.   JUDGMENT   KHAMISANI, J.-The appellant has been convicted by the learned Sessions Judge, Hyderabad, by his judgment dated the 16th February 1959 under section 302, P. P. C. and sentenced to death. He has filed this appeal. The matter is also before us by way of reference under section 374, Cr. P. C. Both the reference and the appeal will be disposed of by this judgment.   The facts of the prosecution case briefly are that the appellant resided in Thuhi village, Taluka Tando Bago and was married to Mst. Bibi Shah Khatoon. They had lived a marital life for more than 20 years and had two daughters named Mst. Amnat and Mst. Asiat. Mst. Amnat had been married about 5 or 6 years prior to the incident. The appellant along with his wife and daughter, Mst. Asiat, left village Thuhi and came and resided in village Suleman Pitaphi. They again left this village about one month prior to the incident and came and settled in village Muhammad Hashim Khaskheli in Tando Bago Taluka. The house of the appellant was adjacent to the house of complainant Sumar. Their houses were surrounded by a common hedge. There was also a hedge dividing the two houses. On 27th January 1947 one Dost Ali (P. W. 7) had come in the village Hashim Khaskheli to investigate regarding his stolen horse. He suspected the appellant and one Mitho Kaloi. He, had, therefore, sent for the appellant in the Otak of one Sirai Nabi Bux (P. W. 6) for the purpose of interrogating him. He had, however, asked him to come there on the next morning when his foot-print test was to be held. The appellant did not turn up thereafter. The prosecution case further is that on the morning of the 28th of January 1947 Sumar and his wife Mst. Sahib Khatoon heard cries of Mst. Bibi Shah Khatoon, wife of the appellant, that she was being killed by him. Sumar went into the house of the appellant and found the appellant bare headed…