Law: Penal Code (XLV of 1860)

Section: 302

(a) Penal Code (XLV of 1860) S. 302-Evidence, appreciation of-Presence of eye-witnesses at place of occurrence established and their evidence relied upon Accused seen running away from scene of offence with a hatchet in his hand and medical evidence confirming deceased having died due to hatchet injuries-Recoveries of crime weapon established and motive of crime found true-Conviction maintained. (b) Penal Code (XLV of 1860) S. 302-Jail appeal-Condonation of delay-Memo of appeal stating accused having declined to file appeal himself or through his relatives when asked by Superintendent of Jail to do so, on account of heavy load of sentence on his mind having later found himself, bit better than before, filing appeal and being an old man of 60 years and undergone about six years' imprisonment, delay in filing appeal be condoned-Grounds, held cannot be considered as sufficient for condonation of delay, when appeal undoubtedly hope lessly time-barred.-[Condonation of delay-Appeal (criminal). Date of hearing : 22nd June, 1980,                                                                                                              JUDGMENT NASIR ASLAM ZAHID, J.-This jail appeal has been filed by the appellant Gul s/o Sabu Wandyar, who has been convicted under section 302, P. P. C. and sentenced to transportation for life by the then Sessions Judge, Hyderabad vide judgement dated 30th August, 1972. The charge against the appellant was that on 2nd August, 1971, at dawn time at house in Hala, he murdered his wife Mst. Kaima by giving her hatchet blows thereby committing an offence punishable under section 302, P. P. C. 2. The F. I. R. was lodged on the same day at 9-10 a. m. by Kadir Bux s/o the appellant at Police Station, Hala, District Hyderabad. The house of the appellant (also of the complainant), which was the scene of the incident, is situated three miles towards west of Police…