Law: Penal Code (XLV of 1860)

Section: 302, 304(1)

(a) Penal Code (XLV of 1860) S. 302-Murder-Witness - Evidence - Solitary eye-witness of occurrence fully corroborated by medical evidence and motive for murder-Mere tender age or relationship of such witness with deceased-Not sufficient to reject testimony-Nothing on record to show why prosecution witness should falsely implicate accused if she had not actually seen occurrence-Conviction maintained, in circum stances. (b) Penal Code (XLV of 1860) S. 302 read with S. 304(1)-Murder-Grave and sudden provoca tion-Sentence Prosecution failing to explain immediate cause for murder-Possibility that in absence of her husband from house, deceased while having intercourse with some one else was witnessed by accused who killed her under grave and sudden provocation, not ruled out-Conviction under S. 302, P. P. C. altered to one under S. 304(I), in circumstances. Date of hearing : 28th February 1974.                                                                                                                                       JUDGMENT MUHAMMAD SIDDIQ, J.-----Mst. Zohran deceased was first married to one Muhammad Nawaz and she gave birth to two children, namely, Manzoor Ahmad (son) and Mst. Sarwar Mai (daughter). She was divorced by her husband She then married one Kaloo out of whom she had one daughter, namely, Mst. Anwar Mai P. W. Kaloo also divorced her. She then married Muhammad Ramzan, father of the present appellant, Ghulam Hussain alias Hasna, whose wife (mother of the appellant) had died. At the time of marriage, the said Muhammad Ramzan had executed an agreement (Exh. P. B.) in favour of Mst. Zohran deceased. According to this agreement. he agreed to alienate his haveli and two kanals of land in favour of the deceased as and when she would make a demand to this effect. About a year prior to the occurrence, at the instance of the…