Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Murder-Evidence, appreciation of-Accused coming armed with a churri determined to' finish deceased and on his refusal to accom pany him attacking and inflicting as many as 9 stab injuries on delicate parts of deceased's person, resulting in his instant death-Ocular testi mony natural and truthful and finding full support from disinterested witnesses of recoveries, Medical evidence and red-handed capture of accused-No reason for such independent witnesses of recovery to support complainant and falsely implicate accused by foisting blood stained churri and clothes, on him-Evidence of motive also finding mention in retracted confession of accused--Accused caught red-handed within a few minutes of commission of offence on railway platform alongwith weapon of offence by escort Railway Police when running away in a bid to escape and trying to catch train-Conviction and sentence of death maintained, in circumstances.--[Evidence] Link Dates of hearing : 20th and 21st May, 1980.                                                                                                  JUDGMENT GHAUS ALI SHAH, J.-This appeal under section 410, Cr. P. C. is directed against the judgment dated 7th September, 1979, of the learned Sessions Judge, Sanghar, whereby he convicted the appellant under section 302, P. P. C. and sentenced him to death. The matter is also before us for confirmation of sentence of death passed on the appellant. We shall dispose of the appeal and the murder reference under this judgment. 2. The facts of the case are that one Anwar son of Nasir Hussain, Shaikh by caste, resident of Landhi No. 6, Karachi, residing at Mohalla Ahmedabad of Tando Adam, District Sanghar, .lodged his F. I. R. on 27th May 1976, at 7-30 a. m., at Police Station, Tando Adam, District Sanghar, which reads as under :- "I, Mir Muhammad and Zubair "Khadras" met at Fair of Agbaman and came together…