Law: Penal Code (XLV of 1860)

Section: 302, 325

(a) Criminal trial Witness-Mere fact of witnesses being related-Does not make them interested or inimical-Penal Code (XLV of 1860), S. 302. The mere fact of the witnesses being relatives of the deceased will not make them interested witnesses or inimical witnesses. (b) Penal Code (XLV of 1860)  Ss. 302 & 325-Injuries not ascribable to single blow as allegedly given by accused-Possibility of aggravating of injury by application of medicine locally existing-Medical evidence not clear whether death caused by such blow-Conviction under S. 302 altered to S. 325 in circumstances. Dates of hearing: 21st, 22nd November; 22nd December 1972; 30thJanuary; Ist February and 12th March 1973.                                                                                                                  JUDGMENT ABDUL HAYEE KURESHI, J.-The appellant Ghulam Ghous was tried by the Additional Sessions Judge, Nawabshah for an offence under section 302. P. P. C. He was convicted for the said offence and sentenced to death on 30-9-1971. He has filed an appeal through Mr. Khalid Ishaque, whereas the State was represented before us by Mr. Hassan Inamullah, The learned Additional Sessions Judge has also referred the case to this Court for con firmation of the sentence of death imposed on the appellant. 2. Briefly stated the facts of the case are that the deceased Mst. Pyari lived with her husband, the complainant Iqbal, at Saeedabad village in Naushahro Feroze Taluka within the District of Nawabshah. On 19th June 1970, two donkeys belonging to the appellant had entered into the cotton cultivation of complainant Iqbal and damaged the crop. There was an altercation and the appellant gave some fist blows to complainant which resulted in the latter lodging a report at the police station. After lodging the report the complainant returned to his village and narrated the facts relating to the said…