Law: Penal Code (XLV of 1860)

Section: 300,302

Criminal trial-Evidence-Casual and somewhat ambi guous phrase in deposition-Cannot destroy clear effect of whole deposition.   Penal Code (XLV of 1860), S. 302-Murder - Motive Failure to prove attributed motive - Immaterial, and does not signify its non-existence-Failure may constitute weakness but is not fatal to prosecution.   Penal Code (XLV of 1860), Ss. 300 & 302-Accused dealing one severe hatchet blow on neck of victim resulting in instantaneons death-Supposed, in absence of special circumstances to contrary, to have intended killing victim-Accused, held, rightly convicted for murder under S. 302.   Penal Code (XLV of 1860), S. 302-Murder-Sentence Circumstances             preceding        murder            shrouded         in obscurity-Motive attributed for offence not proved-Extreme penalty of death not awarded-Sentence of life imprisonment, held, appropriate in circumstances of case.  JUDGMENT   RAHIM DAD, J.-Habib accused appellant was tried by the learned Sessions Judge, Muzaffarabad, for an offence under section 302, Penal Code. The charge against him was that on 19-10-1964 at about 4 p.m. he murdered his brother Suttar Din. The accused pleaded not guilty. The learned Sessions Judge who tried the accused held that the charge against the accused appellant was fully made out. He found him guilty under section 302; Penal Code and sentenced him to life imprisonment and a fine of Rs. 200 in default of payment of which he was to undergo a further period of 6 months' rigorous imprisonment. The accused has preferred this appeal against his conviction and sentence. The prosecution case .can very briefly be stated as follows:----   The accused and the deceased were real brothers. Mst. Zaiban was first married to the accused. On being divorced by the accused she re-married Suttar Din deceased. This divorce took place long ago probably during the Dogra regime. A considerable time has also elapsed since the remarriage. At first the two brothers lived jointly…