Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S, 302----Murder-Eye-witnesses' account corroborated by strong motive, recovery of crime empty from scene of crime, blood-stained hatchet and clothes secured from accused, coupled with medical evidence--Circumstances taken, together, held, lead to guilt of accused--Conviction and sentence maintained, in circumstances. Dates of hearing : 19th November ; 10th, 18th, 19th, 23rd December ; 1979; 20th January: 11th and 12th February, 1980.                                                                                                               JUDGMENT G. M. SHAH, J.----The appellants were convicted by the learned II Additional Sessions Judge, Sukkur, for offences under section 302 read with section 34, P. P. C. and were sentenced to death, for the murder of the deceased Hotu Alamani, by means of a gun and hatchets. The appellants were further-directed to pay a fine of Rs. 1,000 each or in default to undergo R. I. for six months more. Out of the amount of fine, if realised. Rs: 1500 were ordered to be paid to heirs of the deceased, as compensation, as provided under section 544-A, Cr. P. C. The appellant Ghazi was further convicted under section 13 (E) of Arms Ordinance and sentenced to suffer R. I. for one year. 2. The appellants have filed the appeals against the judgment of conviction and sentence under section 302, read with section 34, P. P. C. There is also a separate Appeal No. 121 of 1979 filed by appellant Ghazi against his conviction under section 13 (E) of the Arms Ordinance. There is also a reference made by the learned II Additional Sessions Judge, Sukkur, under section 374, Cr. P. C. for the confirmation of the death sentence. The appeals, as well as, the reference will be disposed of together, by this judgment. 3. The deceased Hotu was elder brother of Faqir Mohammad, first informant. P. W. Shamsuddin is their cousin and Bahawal is their Mast. The…