Law: Penal Code (XLV of 1860)

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 44

Law: Police Rules, 1934

Section: r.26, 31

(a) Penal Code (XLV of 1860) S. 302-Murder-Evidence, appreciation of-Existence of previous enmity between factions of accused and deceased-Not in itself sufficient to reject testimony of a witness related to deceased and on inimical terms with accused and can be acted upon, if other wise found reliable.-[Evidence]. (b) Penal Code (XLV of 1860)  S. 302--Murder-Evidence, appreciation of-Complainant carry ing background of enmity with accused party but least revengeful and his version of occurrence supported by, evidence of an independent witness as also by medical evidence-Proposition that evidence of an interested witness cannot be accepted safely on its face value unless corroborated by other reliable eviden9e, held, not attracted to circumstances of case.-[Evidence]. Muhammad v. Crown P L D 1954 F C 84 ; Bagh Ali v. State P L D 1973 S C 321 ; Ghulam Muhammad v. State P L D 1975 S C 588 and Mumtazuddin v. State P L D 1978 S C 114 ref. (c) Criminal Procedure Code (V of 1898)  S. 44 read with Police Rules, 1934, r. 26.31- Deceased done to death while undergoing treatment in hospital under Police- guard-Rule 26.31 of Police Rules, held, envisages cases of death resulting from torture, suicide or any natural cause, requiring a Magistrate to enquire into cause of death so occurs, in terms of S. 176, Cr. P. C.-Death of deceased being result of murder pure and simple, report, held, to be made to police as required under S. 44, Cr. P. C. and no inquiry into death of deceased by a Magistrate under S. 176, Cr. P. C. could be held in circum stances. (d) Penal Code (XLV of 1860) S. 302--Murder-Sentence-Mitigation, plea of-Mere private revenge-In itself not a mitigating circumstance for awarding lesser penalty of imprisonment for life in place of normal penalty of death-Accused just a cousin of those whose death arranged and murder committed in cold-blood when deceased in hospital under going treatment under protection of law-Dare-devil act of accused, held, too grisly and gruesome to permit display of any leniency to matter of punishment-.Sentence of death maintained, in circum stances.-[Sentence]. Zulfiqar v. State 1974 P Cr. L J 100; Shera v. State 1976 .P Cr.…