Law: Criminal Procedure Code (V of 1898)

Section: 288

(a) Criminal Procedure Code (V of 1898),   S. 288-Witness at Sessions trial going back on his previous statement made before Committing Court-Court must look for positive and material corroboration before convicting accused on earlier deposition of such witness transferred under S. 288-Penal Code (XLV of 1860), S. 302.   Subhan Khan and others v. The State P L D 1960 Lab. 1 and Lai and others v. The Crown P L D 1954 F C 95 rel.   Abdul Majid v. The State P L D 1959 S C (Pak.) 486; Adalat and another v. The Crown P L D 1956 F C 171 and Sarja v. The Crown P L D 1951 Lab. 126 distinguished.   (b) First Information Report-   12 hours' delay, in lodging-Held, in circumstance of case, made prosecution case doubtful-Criminal Procedure Code (V of 1898), S. 154.   (c) Penal Code (XLV of 1860),   Ss. 300, 302 & 304 Part I Accused killing brother's wife finding her flagrante delicto with stranger-Case of grave and sudden provocation-Conviction altered from S. 302 to S. 304 Part I, and sentence reduced. Muso v. The State P L D 1960 Kar. 966 ref. JUDGMENT   BASHIRUDDIN AHMAD, J.---Kamir, who was tried by the learned Additional Sessions Judge, Lyallpur Division at Jhang, for the murder of his brother's wife Mst. Satto, on the 19th of March 1962, was convicted and sentenced under section 302, P. P. Code to suffer death and pay a fine of Rs. 50. The condemned person has appealed, and the case is also before us under section 374, Cr. P. Code for confirmation of the sentence of death. This judgment will dispose of the appeal as well as the reference.   According to the prosecution, the appellant lived in a kotha opposite to the kotha ofhis brother Ahmad but, being a bachelor, he used to have his food with Ahmad. The story goes that the appellant started making advances towards Mst. Satto, but the deceased did not surrender her virtue and Ahmad discontinued speaking to the appellant who started nursing a grudge against the deceased.   A couple 'of days before the occurrence under con sideration, Nabi Bakhsh (P. W.10) went to the house of Ahmad to install a hand-pump. The appellant came there and greeted Nabi…