Law: Penal Code (XLV of 1860)

Section: 302, 302/34

Law: Evidence Act (I of 1872)

Section: 24

(a) Penal Code (XLV of 1860) S. 302-[Murder case]-Murders where committed on account of 'ghairat' accused persons usually justified in committing such murders and make judicial confessions immediately after incident. [Confession]. (b) Penal Code (XLV of 1860) S. 302/34 and Evidence Act (I of 1872), S. 24-Murder-None of eye-witnesses supporting prosecution case---Statement of complai nant also not worthy of reliance-Judicial confession retracted and alleged to have been extorted by Police-Confessional statement, held, not corroborated on any material particular and case against appel lant not proved beyond doubt--Conviction and sentence set aside. Date of hearing: 1st April, 1979.                                                                                                          JUDGMENT SAJJAD ALI SHAH, J.---Appellant Majnoo son of Khawand Bux Lashari has filed this appeal against the judgment dated 28th September, 1978 of 1Ind Additional Sessions Judge, Jacobabad, whereby he has been convicted for offence under section 302, P. P. C. and sentenced to imprisonment for life and to pay a fine of Rs. 1,000 or in default R. I. for one year more. It is further directed in the judgment that if fine is realized, the same may be paid to the heirs of the deceased. The appellant was 'tried alongwith his co-accused namely Ghulam Qadir son of Rahim Bux for the said offence but the trial Court has acquitted the said co-accused for want of sufficient incriminating evidence against him. Shortly stated prosecution case is that appellant Majnoo was married to deceased Mst. Karima sister of acquitted accused Ghulam Qadir. This marriage took place about 4 years before the incident and appellant Majnoo was living with his wife and mother-in-law deceased Mst. Janat in village Ghulam Mustafa Donki, Taluka Kashmore. Some days before the incident Mst. Janat brought Mst. Karima from the house of the appel lant…