Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Murder-Ocular account sufficient to bring home convic tion to appellant---Witnesses independent-Ocular account support ed by motive and medical testimony and also relied upon by trial Judge to convict appellant-Death sentence however reduced to imprisonment for life in circumstances. Date of hearing : 22nd September, 1980.   JUDGMENT RUSTAM S. SIDHWA, J.----On 31st January, 1979, Muhammad Saleem was convicted under section 302, P. P. C. by the learned Sessions Judge, Gujrat, for the murder of Muhammad Afzal dec6hs6cj and sentenced to death, subject to confirmation by the High Court, and to pay a fine of Rupees two thousand (Rs. 2,000) or in default of payment of fine to suffer rigorous imprisonment for one year. It was further ordered that in case the death sentence was not confirmed, the sentence imposed upon him in default of payment of fine would run concurrently with the other substan tive sentence imposed upon the accused and that the fine, if recovered, would be paid to the heirs of the deceased as compensation. The appeal of the convict and the reference (Murder Reference No. 134 of 1979) are before us for disposal. 2. The brief facts of the case are that on 28th April, 1978 at 9-00 p. m., Muhammad Ramzan P. W. 8 and Muhammad Afzal deceased were proceeding towards Adda Trucks Grain Market (Galls Mandi) and when they reached Chowk Fiqa at about 9-00 p. m., Muhammad Saleem accused appeared and raised lalkara challenging the deceased that he would not escape. The accused took out a knife, from the folds of his shalwar and attacked the deceased and injured him. The deceased fell down on the ground. In the meantime, Muhammad Akhtar P. W. 9 and Muhammad Babar P. W. 10 also came to the spot. The accused ran away towards the bazar in the eastern direction. Muhammad Ramzan P. W. 8 took Muhammad Afzal in an injured condition to Civil Hospital, Mandi Baha-ud-Din, where he was admitted. The motive mentioned in the First Information Report was that the accused used to make indecent gestures while passing in front of the house of the deceased and the latter had asked him many times to desist from the same as he had young sisters.…