Law: Penal Code (XLV of 1860)

Section: 302

  Penal Code (XLV of 1860) S. 302-Murder--Evidence-Sentence-Natural and truthful eye witnesses receiving injuries during incident and having no motive to falsely implicate accused-Mere relationship of such witnesses with deceased-Does not discredit their testimony-Who caused fatal injury to deceased-Not clear-Possibility of injury being caused by some other co-accused-Sentence of death altered to life imprisonment. Date of hearing: 12th March 1974.                                                                                                                          JUDGMENT MUHAMMAD SIDDIQ, J.-----The brief facts of the case according to the prosecution version are that Mst. Ghulam Fatima P. W. daughter of Feroze Khan (acquitted co-accused) and sister of the present appellant, was married to Allah Ditta P. W., son of Rozi Khan deceased. As she did not give birth to any child, she was divorced by her husband about two years before the occurrence and said Allah Ditta married another woman. Feroze Khan (acquitted co-accused) demanded the hand of Mst. Ghulam Zarina P. W., daughter of the deceased, for marriage with his son Muhammad Khan appellant. The deceased, however, turned down this proposal. This led to unpleasantness between the two families and also annoyed the appellant and his father. On 24-6-1970, at 2/3 a.m. (night) Rozi Khan deceased, his wife Msr. Mulkhan P. W., and his daughter Mst. Ghulam Zarina P. W. were sleeping in front of their dhok. Baz Khan P.W. who is brother of Mst. Mulkhan P. W., was also sleeping there. The present appellant armed with a hatchet and his father Feroze Khan and Jehan Khan armed with soils reached there and caught hold of Mst. Ghulam Zarina P. W. and started dragging her. She raised hue and cry which awoke her parents and Baz Khan P. W. Both Rozi Khan deceased and Mst. Mulkhan tried to rescue their daughter Mst. Ghulam…