Law: Penal Code (XLV of 1860)

Section: 302

Law: Evidence Act (I of 1872)

Section: 118

(a) Penal Code (XLV of 1860) S. 302-Murder-Sister implicating her brother for murder of her daughter-. Unnatural to presume such implication as false-Minor contradictions and discrepancies in statements of some prosecution witnesses not materially affecting direct testimony of another prosecu tion witness, later testimony otherwise appearing to be true and genuine-Child witness giving no idea of being a tutored witness and her statement intrinsically true and worth credit---F. I. R. lodged promptly Abscondence of accused for a month corroborative of evidence of eye-witnesses-Death sentence confirmed. (b) Evidence Act (I of 1871)  S. 118-Child witness-Trial Judge putting question to child witness and satisfied as to her capability of understanding questions put to her---Witness standing test of cross-examination and giving intelli gent answers---Witness giving evidence without hesitation in a straightforward manner-Witness, held, a competent witness-Penal Code (XLV of 1860), S. 302. Principles and Digest of the Law of Evidence (1969, Pak. Edn.), p. 409 and Fatu Santal v. King-Emperor A I R 1921 Pat. 109 ref. Date of hearing: 23rd May 1974.                                                                                                                                    JUDGMENT SHAH ZAMAN BABAR, J.-Bashir (aged 40/45 years) son of Faqir, of village Wahid Garhi, was tried under section 302, P. P. C. on the allegation that he on 1-9-1972 at Peshin Qaza' time on the path between Wahid Garhi and village Toda committed the murder of his sister's daughter Mst. Lai Zari. He was tried by Mr. Abdul Karim Khan Kundi, Additional Sessions Judge, Peshawar and convicted under section 302, P. P. C. He was sentenced to a penalty of death subject to the confirmation by the High Court. Bashir has appealed. Reference for the confirmation of the…