Law: Pakistan Penal Code (XLV of 1860)

Section: 302

Pakistan Penal Code (XLV of 1860)----S.302-Murder-No ocular evidence-Case of prosecution founded mainly upon evidence of one prosecution witness supported by recoveries made at instance of accused-Prosecution witness sworn enemy of accused--Evidence against accused doubtful-Accused acquitted.     Date of hearing:, 22nd December 1965.   JUDGMENT   KHAMISANI, J.----The appellant has been convicted under section 302, P. P. C., and sentenced to death. He has filed this appeal. The matter is also before us for confirmation of the sentence of death passed on him. We shall dispose of both the appeals filed by the appellant and the murder reference under this judgment.   The facts of the prosecution case briefly are that the appellant had married Mst. Subhan about 15 yearsbefore this incident. He married another wife Mst. Husna by name some years before the incident. After the appellant married his second wife he started quarrelling with his first wife and also pestered her for delivering her ornaments to his second wife. Mst. Subhan, the first wife of the appellant, consequently approached Mahboob and lodged a complaint with him on account of which Mahboob sent for the appellant and told him not to harass her. The appellant ever in the presence of Mahboob persisted in his demand for S ornaments being handed over by Mst. Subhan to Mst. Husna. Mst. Subhan gave him her two earrings and promised to give the rest of the ornaments but requested that she should not be turned out of the house. On the assurances given by the husband and wife to each other they both left for their place.   On the 22nd of August 1964, Mahboob went to the house of the appellant to see if the husband and wife hadironed out their differences and patched up. Finding Mst. Subhan absent from her house he made inquiries from the appellant about her and was told that she had left the house and run away. He suspected a foul play and therefore informed Qaimuddin P. W. 4 who was a Head Constable of Police on that very day. He also requested Qaimuddin to save him from being dragged in the matter and asked him to lodge a report with the police on behalf of the State Qaimuddin,…