Law: Penal Code (XLV of 1860)

Section: 302

  Witness - Eye-witness - Name not figuring in F. I. R. owing to ignorance of person lodging report that incident had also been observed by such witness-Non-mention of name does not affect, in circumstance, witness's credibility.   Penal Code (XLV of 1860), S. 302-Conviction under section-Awarding penalty of death or lesser sentence of transporta tion for life-Discretion of trial Court--Usual sentence on conviction of murder : death, in absence of extenuating circumstances-Belief of accused that sexual laxity of deceased had brought disgrace to his family-No such extenuating circumstance.   Gurdev Singh v. Pakhar Singh A I R 1948 Lah. 58 ref.   The State v. Jamalan and others P L D 1959 Lah. 442 dissented from. JUDGMENT   FEROZE NANA GHULAMALLY. J.-The two appellants have been convicted by the learned Sessions Judge, Nawabshah each under section 302, P. P. C. and each of them sentenced to death by hanging. Their sentences are before us for confirmation. Both of them have also appealed from jail. This judgment will dispose of their appeals, as also the reference for the confirma tion of their sentences.   P. W. Muhammad Usman, a retired Inspector of Police who lives in the village ofUsman Jamali, has a nephew Allah Warayo by name, who is deaf and dumb. Allah Warayo was married to the deceased Mst. Khairi and had two children by her. Mst. Khairi was suspected to be in illicit relationship with one Ghulam Nabi, a brother of appellant Mevo, and cousin of Appellant Ali Khan. 1Ju tile night between the 22nd and 23rd of June 1962, when Muhammad Usman, was away at Karachi, Mst. Khairi disappeared from her house. When Muhammad Usman returned to his village on the morning of the 23rd June he heard of Khairi's elopment. He, therefore, sent for Haji Peroze, an old man of sixty, Haji Umar, a partner in the business and Allahdino for their help in the restoration of Khairi. Haji Peroze was related to Khairi's paramour, Ghulam Nabi and, therefore, his help was specially sought. Haji Peroze, Umar and Haji Allahdino accordingly left for the village of Mehar Ali Jamali where Ghulam Nabi lives. They reached there at about 12 noon and met…