Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Penal Code (XLV of 1860)

Section: 302, 304

Criminal Procedure Code (V of 1898) S. 410 read with Penal Code (XLV of 1860), Ss. 302 & 304. Part II-Appeal (criminal) --- Murder --- Mitigation --- Incident occurring without premeditation and in heat of passion-Con viction of accused under S. 302, P. P. C. altered to one under S. 304, Part II, in circumstances. Mahiwal v. State 1975 P Cr. L J 1121 and Masoom Beg v. Muhammad Munir 1971 S C M R 476 ref.     Date of hearing; 20thNovember, 1979                                                                                                               JUDGMENT GHAUS ALI SHAH, J.-This appeal under section 410, Cr. P. C. is directed against the judgment dated 8th December, 1977 of the learned Sessions Judge, Tharparkar at Mirpurkhas whereby he convicted the appellant under section 302, P. P. C. and sentenced him to suffer imprisonment for life. 2. The facts of the case are that complainant Allahdad son of Mehrab resident of Deh 140, Taluka Dhigree of District Tharparkar lodged his F. I. R. on 24th July, 1976 at Police Station Dhigree which reads as under:- I am Zamindar by profession My son Mehrab is also residing with me. Few days back my son Mehrab had lent Rs. 20 to Shadoo Nuhani. Today at about 16-00 hours, I was standing outside my house and Dino Nuhani was also standing there with his buffalo, when Shadoo Nuhani armed with hatchet passed from there. On seeing Shadoo, my son Mehrab told him that so many days have passed and that he should return his Rs. 20. Upon this Shadoo exchanged harsh words with Mehrab. Upon this their quarrel took place, Shadoo gave sharp-sided hatchet blow to Mehrab on his head within our sight. Mehrab fell down, as a result of receiving blow. We gave Hakkal, whereupon accused Shadoo ran away with hatchet towards his house. I, Dito and other people of the village saw Mehrab and found that he had received sharp-sided hatchet blows on his head and…