Law: Penal Code (XLV of 1860)

Section: 302

Law: Evidence Act (I of 1872)

Section: 114

(a) Confession------   ---Extra-judicial-Accused not confronted with at trial-Confession not accepted.   (b) Penal Code (XLV of 1860)-----   -----S. 302-Murder-Eye-witness of occurrence, wife of accused - No adverse inference can be drawn if such witness not examined-Evidence Act (I of 1872), S. 114.   (c) Penal Code (XLV of 1860)-----   ------S. 302-Recovery of   blood   stained weapon-Serologist's   report not placed on record-Adverse presumption can be drawn that weapon was not stained with blood Evidence Act (I of 1872), S. 114.   Date of hearing : 23rd February 1966.    JUDGMENT   ABDUL GHANI KHAITAK, J.-Khushi Muhammad, son of Ghulam Muhammad, aged 46 years, was tried under section 302, P. P. C., for the murder of Fazal Din, aged about 64/65 years and by his order of 9th January 1965, the 2nd Additional Sessions Judge, Multan, convicted and sentenced him to death. In case the sentence of death having not been confirmed, he was also fined Rs. 500 or in default to further rigorous imprisonment for six months. He has come in appeal through Jail against his conviction and sentence. The reference for confirmation of death sentence is also before us. This judgment will dispose of both the appeal and the reference.   The facts and the motive for the occurrence as narrated in the report Exh. P. F. made by Abdus Sattar (P. W. 15) at police post village Abdul Hakim; at 7-30 p.m. on the 13th of October, 1963, recorded by Sh. Akhtar Hussain, A, S. I., are as follows :   Dil Muhammad, a brother of the appellant had married a beggar woman Mst. Sakina whom Dil Muhammad after his marriage with Mst. Munawar, daughter of Fazal Din (deceased) turned out from his house.,- The appellant suspected the deceased and Abdus Sattar (P. W. 15) as being instrumental in turning out Mst. Sakina by Dil Muhammad and that he (accused) on this account nursed a grudge against Fazal Din deceased. On the day of occurrence Abdus Sattar (P. W. 15) came to the shop of his brother Muhammad Rafiq (P. W. 19) who informed him that his father-in-law Fazal Din (deceased) had come from Multan and that he was at that time in…