| Citation(s) |
|---|
| 1966 SLG 5163 = 1966 SLD 5163 = 1966 PLD 255 |
West Pakistan Peshawar
Criminal Appeal No. 158 of 1965, decided on 28th July 1966.
Presented By: Shakirullah Jan and Abdul Ghani Khan Khattak, JJ
S. Masoom Shah for Appellants. Sher Bahadur Khan A: A.-G. for the State.
Criminal Appeal No. 158 of 1965, decided on 28th July 1966.
Presented By: Shakirullah Jan and Abdul Ghani Khan Khattak, JJ
S. Masoom Shah for Appellants. Sher Bahadur Khan A: A.-G. for the State.
GHULAM HUSSAIN AND ANOTHER-Appellants
VERSUS
THE STATE-Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 342
Law: Penal Code (XLV of 1860)
Section: 302
Law: Evidence Act (I of 1872)
Section: 32
Criminal Procedure Code (V of 1898), S. 342-Murder case-Enquiry Magistrate affording opportunity for explanation but Sessions Judge omitting to put question to accused as to why eye-witnesses deposed against them-Omission on part of Sessions Judge, in circumstances of case, did not vitiate trial Penal Code (XLV of 1860), S. 302. Criminal Appeal No. 214 of 1964 and Murder Reference No. 1 of 1965`(unreported); Bimbadhar Pradhan v. The State of Orissa P L D 1957 S C (Ind.) 68;'Chikkarango Gowda and others v. The State of Mysore P L D 1957 S C (Ind.) 133; Bashir Ahmad and others v. The State P L D 1960 Lah. 687 ref. Evidence Act (I of 1872), S. 32, and Penal Code (XLV of 1860), S. 302-Murder-Enmity between accused and deceased- Dying declaration requires corroboration. Penal Code (XLV of 1860), S. 302-Murder-Abscondence of accused from village soon after occurrence-Corroboration of prosecution story. Penal Code (XLV of 1960), S. 302-Immediate cause of death diarrhoea-Diarrhoea, however, caused by peritonitis developing due to infection caused by injury-Conviction under S. 302, held, proper. Penal Code (XLV of 1860), S. 302-Sentence-Murder committed in busy market place in broad daylight-Possibility of altercation between accused and deceased-Sentence of death not called for-Sentence reduced to transportation for life. Dates of hearing : 21st and 22nd July 1966. JUDGMENT SHAKIRULLAH JAN, J.-Ghulam Hussain (28) and Nur Elahi (30), sons of Sultan, residents of village Jhamra, Police Station Ghazi, Tehsil Haripur, District Hazara, were con victed under section 302/34, P. P. C. and sentenced to death by the learned Sessions Judge, Campbellpur, by his order, dated 15-12-1965. They were further sentenced under section 544-A, Cr. P. C. to pay a fine of Rs. 500, or in default to one year's R. I. each. The two convicts have preferred a joint appeal against their conviction and sentences. The reference for the confirmation of their death sentences is also before us and we propose to dispose of the appeal and the reference by this judgment. Briefly the prosecution story is that one Nawab, a resident…