Law: Penal Code (XLV of 1860)

Section: 302

  Penal Code (XLV of 1860) S. 302-Murder--F. I. R. lodged without delay And investigation taken up promptly-Prosecution witnesses truthful and fully corro borated by medical evidence as also by recoveries of crime hatchet and clothes of accused stained with human blood-Nothing to suggest that prosecution witnesses were deposing falsely against accused-Conviction and sentence maintained, in circumstances. Date of hearing: 15th July 1971.                                                                                                                               JUDGMENT KHUDA BAKHSH MARRI, J.--The appellant was convicted and sentenced under section 302, P. P. C. to transportation for life by Ex Officio Additional Sessions Judge, Hyderabad by a judgment dated 25th January 1969. 2. Brief facts of the case are that on 20th November 1967 at about 21 hours a First Information Report was lodged by one Dodo son of Waloo Police Station Sakhat, District Hyderabad, to the effect that "his father- in-law Nimro who suspected his wife to be having illicit relations with Fazlullah appellant, came to his house in the afternoon in search of his wife. Upon my telling that she has not come to his house Nimro requested, she might be in the house of appellant arid requested me to accompany him. It is stated that at about sunset time, when complainant and Nimro reached in the street in front of appellant's house, on calling, the appellant came out from his house armed with a hatchet. Nimro asked the appellant that his wife Khatoo was in his house, he should send her outside. On hearing this, the appellant abused him and asked him that why he has come at his door. On this commotion Phul and Mitho Khyber came running there. it is alleged that in presence of complainant and the above two persons, the appellant gave sharp side hatchet blows to Nimro on his neck,…