Law: Penal Code (XLV of 1860)

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 376

Penal Code (XLV of 1860)   S. 302 read with Criminal Procedure Code (V of 1898), S. 376---[Murder-case] -Appeal-Death sentence, confirmation of-Presence---of eye-witnesses at place of occurrence established and their testimony corroborated by medical evidence and weapon of offence--- Accused absconding after committing offence and motive of offence found true-Appeal dismissed arid sentence of death confirmed, in circumstances. Date of hearing: 30th June, 1980.                                                                                                                                                  JUDGMENT B. G. N. KAZI, J.---This order will dispose of the reference with regard to the confirmation of the death sentence passed on appellant Ishaque son of Mohammad Siddique Panhwar and his appeal from the Jail against his conviction by the Sessions Judge, Dadu under section 302 and sentence of death. The Sessions Judge, Dadu, further directed that the accused Pay a compensation of Rs. 4,000 to the heirs of deceased under sec t ion 544-A, Cr. P. C. in default of which appellant was to suffer R. I. for 6 months in case his death sentence is not confirmed by the High Court. 2. The appellant is the sister's son of deceased and also of Ramzan son of Haji Dilawar, who is brother of the deceased. The houses of Ramzan and Shamsuddin are adjacent in village Obhayo Panhwar, Taluka Dadu. On 13th May, 1975, deceased Shamsuddin who resided with his children in his own house near the house of complainant was doing the work of brick making. In the morning he had gone for the Purpose to survey number of Ghulam Rasool, near their village in Deh Purandero. Ramzan and his son Hashim and Shafi Mohammad had gone with him to help him in his work. Mst. Asiat had brought meals for them at about 11 a.m. Shortly…