Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Penal Code (XLV of 1860)

Section: 302

(a) Criminal Procedure Code (V of 1898) S. 410 read with Penal Code (XLV of 1860), S. 302 Murder--- Appeal (criminal)-Evidence, appreciation of-No trustworthy and reliable ocular evidence against accused forthcoming-Mere recovery of blood-stained hatchet and clothes secured from person of accused, held, by itself not sufficient to prove offence of murder against him-Conviction and sentence set aside, in circumstances. (Recovery- Evidence]. (b) Criminal Procedure Code (V of 1898) S 410 read with Penal Code (XLV of 1860) S. 302-Murder Appeal (criminal)-Grave and sudden provocation, plea of-Accused claiming to have killed his wife and her paramour, seeing them in objectionable state of affairs-Except bare word of accused no unimpeachable evidence to substantiate plea of grave and sudden provocation---A mere allegation or a disclosure of doubt of moral laxity, without any evidence in support of it, held, would not constitute grave and sudden provocation-Conviction and sentence maintained, in circumstances.-[Grave and sudden provocation]. Dates of hearing : 27th February, 2nd; 3rd, 4th and 5th March.; 30tb August and 28thSeptember, 1980.                                                                                                                                              JUDGMENT G. M. SHAH, J.-----Appellants Ranjho (31) and his brother Abdul Rehman (26) were tried alongwith their father Abdul Majid by the learned IInd Additional Sessions Judge Larkana, for offences under sections 302 read with 34, P. P. C. for committing the murders of Ali Nawaz and Mst. Razia wife of appellant Abdul Rehman, and by the judgment dated 21st September, 1977 convicted the two appellants and sentenced each of them to suffer imprisonment for life and also to pay a fine of Rs. 1,000, in default thereof, to suffer further R. I. two…