Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860)  S. 302-Circumstantial evidence-Accused not named in F. I. R. but fact of missing of golden ear-rings and rings worn by deceased at time of occurrence, finding mention therein-Rings of deceased recovered from pocket of accused at time of arrest-Accused leading to shop where car-rings sold and receipt given to that effect with his thumb-impression-Expert stating thumb-impres sion to be of accused-Knife recovered at accused's instance found stained with human blood-Motive proved by oral as well as documentary evidence - Conviction and sentence of accused maintained in circumstances of case. Dates of hearing : 14th and 22nd October 1974.                                                                                                                          JUDGMENT JAVID IQBAL, J.-Abdul Wahid son of Muhammad Saeed aged 20 years has been convicted under section 302, 1' P. C. and sentenced to death for the murder of Mst. Mumtaz Begum, his step-mother. He was also convicted under section 404, P. P. C. for dishonest misappropriation of the ornaments taken away from her dead body and sentenced to six months' R. I. The judgment in this case has been passed by the learned Additional Sessions Judge, Sargodha, on the 20th March, 1973. The jail appeal of the convict as well as the reference for the confirmation of the sentence of death awarded to him are before us which are being taken up and disposed of together by this judgment. 2. The occurrence took place at 10-00 am. on 2nd May, 1972 in the house of the deceased namely, No. 116-D, Satellite Town, Sargodha, at a distance of two miles from Police Station, Sargodha Cantt. F. I. R. Exh. P. A. was lodged by Muhammad Saeed P. W. 20, the husband of the deceased (not an eye-witness) at 2-00 p .m. on the same day and it was recorded by Majidullah A. S. L, P. W. 22. 3. The motive for the…