Law: Penal Code (XLV of 1860)

Section: 302, 301

Penal Code (XLV of 1860)  Ss. 302 & 301-Murder-Sentence-Accused killing person other than one he came to murder-Liability, held, remains same----- Sentence of death, held, proper. Dates of hearing : 26th, 27th and 28th June and 2nd July 1974.                                                                                                                                            JUDGMENT ASLAM RIAZ HUSSAIN, J.-Ghani son of Ghulam Sarwar aged 26 years and Bashir son of Chatta aged 25 years. were tried by the learned Sessions Judge, Dera Ghazi Khan for the murder of Sobba deceased. By his judg ment dated 25th April 1973, the learned trial Judge acquitted Bashir but convicted Ghani under section 302, P. P. C. add sentenced him to death and a fine of Rs, 1,000. In default of payment of fine he was ordered to undergo a further period of two years' R. I. Ghani has filed an appeal against his conviction and sentence. The matter is also before us under section 374, Cr. P. C. for the confirmation of the sentence of death. We propose to dispose of the appeal as well as the Murder Reference by a single judgment. 2. The facts of the prosecution case are briefly as follows :- Paira P. W. 8, his brother Mehrab, Bakhshu son of Murad P. W. 9 and Sobha deceased used to live in the same haveli in Basti Mad Mulana Dakhli; village Charmer (within the area of P. S. Dajal), district D. G. Khan. Since 2/3 months one Chandi, a Machhi of the same village, suspected Mehrab of having illicit relations with his (Chandi's) wife Mst. Sughran. Even prior to the present occurrence, Ghani appellant, the brother of Mst. Sughran and his cousin Bashir (acquitted accused), had attempted to Murder Mehrab but they could not get a chance. Since two days (prior the occurrence) Mehrab had gone out of the village. On the night between…