Law: Penal Code (XLV of 1860)

Section: 364

Penal Code (XLV of 1860) S. 364-Appeal (criminal) --- Abduction --- Evidence, apprecia tion of-Accused taking away deceased from his home by deceitful means in presence of two prosecution witnesses quite independent and having no enmity with accused and a few days thereafter deceased found murdered-Accused sending letters to deceased's family purporting to have written by deceased for creating impression that he was still alive -Conviction and sentence main tained, in circumstances. Abdul Sattar v. State P L D 1976 S C 404 rel. Dates of hearing : 27th, 28th April and 3rd May, 1980.                                                                                                              JUDGMENT Siraj Din alias Muhammad Hussain, son of Jhanda, caste Mochi. aged 50 years, labourer, resident of Karor, Tehsil Leiah, District Muzaffargarh, has sent this appeal from jail against the judgment of the learned Additional Sessions Judge, Muzaffargarh, dated the 3rd November, 1977, whereby he was convicted under section 364 of the Pakistan Penal Code and sentenced to suffer imprisonment for life and pay fine of Rs 2.000 or in default of payment thereof to undergo rigorous imprisonment for one year He has also appeared personally before this Court and has been heard. 2. The events and circumstances leading to the involvement of Siraj Din alias Muhammad Hussain appellant in the case which resulted in his conviction may be shortly stated as follows : Mst. Hussaina (P. W. 7), her deceased husband, Muhammad Boota and the appellant belonged to the same brotherhood. Muhammad Boota deceased worked as a cobbler in village Asal Suleman, Police Station, Kahna, District Lahore. The appel lant. who had abducted an aunt of Mukhtar Ahmad (P. W. 9) and married her, had to leave village Asal Suleman. He took up residence at village Karor, district Muzaffargarh. The appellant demanded the hand of the daughter of…