Law: Criminal Procedure Code (V of 1898)

Section: 374

Keywords: Conviction, Discretion, Delay, Assault, Evidence, Disposed Of, Cross-Examination, Examination, Factum, Mistake, Procedure, Death Sentence, Trial Court, Magistrate, Place, Investigation, Prosecution Result: Appeal dismissed JUDGMENT AGHA ALI HYDER, J. -The appellant was convicted by the learned Sessions Judge, Tharparkar at Mirpur Khas for an offence under sec tion 302, P. P. C. And sentenced to death. There is a reference from the learned Sessions Judge as envisaged under section 374 of the Code of Criminal Procedure and there is also an appeal filed by the convict through the Jail Authorities. Both the reference and the appeal will be disposed of by this common judgment. 2. The prosecution story in brief is that the appellant-was an opium eater. Falling short of supplies, on 21st September, 1976, he was tantamounts and started giving hatchet blows to his wife by the name of Shrimati Dalo. The cries of the helpless woman had attracted Chhano, an uterine brother of the appellant and another neighbour by the name of Shrimati Hanjo wife of Rawto. They tried to intervene. The appellant had taken umbrage. Finding discretion to be the better part of value, Chhano had eluded the chase while Shrimati Hanjo was hacked to pieces Chhano had proceeded to his village of Rais Umed Ali Khan and failing to find him had broken the news to his Kamdar by the name of Photo Lashari. The two of them had returned to the vardat. Shrimati Hanjo was struggling with her life and was taken on a bullock cart to the hospital. Tile appellant was present at the vardat and was detained by the villagers. Chhano had then proceeded to the Umer Kot Police and lodged tile report which was recorded by S.H.O. Muhammad Jamil at 5-00 p.m. Which will be within one hour of the incident. He had taken the informant to the vardat. Seeing them the appellant tried to stab himself in tile belly and cut the throat. He was, however, over powered by the S.H.O. And others. The S.H.O. Prepared mashirnama in retard to the injuries sustained by the appellant in the process. His clothes and the hatchet which were lying there also came to be secured. Then came the inquest report. Thereafter enquiries were…

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