Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Penal Code (XLV of 1860)

Section: 302, 465

Criminal Procedure Code (V of 1898) S. 410 read with Penal Code (XLV of 1860), S. 302/465 -Appeal (criminal)---Murder----Evidence, appreciation of---Ocular evidence fully corroborated by medical evidence with regard to injuries caused to deceased and no inconsistency in account of eye witnesses about causing of injuries by accused----Ocular evidence further supported by evidence of recovery of blood-stained crime hatchet and clothes of accused-Accused coming to commit theft but when resisted grappling with deceased and giving him serious hatchet blows on head and face while deceased lying on ground after receiving initial blow--Intention of accused to cause death, held, very clear from nature of injuries actually caused by him-Conviction and sentence of death upheld, in circumstances. [Intention]. Date of hearing: 4th August, 1980.                                                                                                                                           JUDGMENT B. G. N. KAZI, J.---Kauro son of Usman Machhi, resident of Lal Bux Lund Taluka, Naushahro Feroze, who was tried by Mr. Nazim Hussain Siddiqi, First Additional Sessions Judge, Nawabshah, for murder or Mohammad Ayub and convicted under section 302, P. P. C. and sentenced to death, has filed appeal against the aforesaid conviction and sentence. There is also reference for confirmation of the death sentence. The criminal appeal and the reference are being dealt with in is order. 2. The facts of the prosecution case briefly stated are as under:- 3. Abdul Ghani son of Abdul Hadi, resident of village Lal Bux Lund, Taluka Naushahro Feroze, lodged F. I. R. on 9th June, 1976 at 6 a.m. with S. H. O. Zulifiqar Ali Junejo of Naushahro Feroze Police Station, about the murder of Mohammad Ayub son of Mohammad Qasim, resident of Lal Bux Lund, who was his…