Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Murder-Prosecution witnesses owning ether lands or houses near spot of occurrence-Natural witnesses-Witnesses having no motive to falsely implicate accused and thus disinterested--Statements of witnesses consistent and nothing elicited in favour of accused in cross-examination-One prosecution witness having seen accused going with fast pace, armed with hatchet apparently blood-stained, and running away on being accosted-Recoveries of blood-stained clothes from accused's person and blood-stained hatchet at pointation of accused proved by disinterested persons-Serologist proving presence of human blood on clothes and hatchet-Motive for murder established- Defence story of husband having killed deceased (his wife) improb able and false-Accused appellant held rightly convicted and sentenced to death. Date of hearing : 20th March 1974.                                                                                                                          JUDGMENT GULBAZ KHAN, J.-Mitha son of Muhammad Bakhsh, caste Birmani, aged 25 years, labourer, resident of Sahuwala, was convicted by the learned Sessions Judge, Dera Ghazi Khan, on 12-9-1972, under section 302, P. P. C. and sentenced to death. He filed Criminal Appeal No. 693 of 1973 through Jail, which was argued by a counsel engaged by the appellant. This judgment would dispose of Murder Reference No- 20 of 1972, and Criminal Appeal No. 693 of 1973. 2. Mst. Zainab deceased lived at Chah Baseera, dakhli Sahuwala, alongwith her husband Muhammad Hussain with whom she was married 8 years ago and she gave birth to a daughter aged 4 years. On 7-11-1971, at about 4-30 p.m. Muhammad Hussain husband of the deceased was returning to his house with his cattle and when he reached near his house, he heard the alarm of his wife Mst. Zainab deceased. He saw Mitha accused inflicting hatchet…