| Citation(s) |
|---|
| 1982 SLG 842 1982 SLD 842 1982 PLD 547 |
Lahore High Court
Criminal Appeal No. 62 of 1981, decided on 18th April, 1982. DATE of hearing : 6th April 1982
MUHAMMAD MUNIR KHAN, J
M. Sultan Alum for Appellant. Syed Zawar Shah for State
Criminal Appeal No. 62 of 1981, decided on 18th April, 1982. DATE of hearing : 6th April 1982
MUHAMMAD MUNIR KHAN, J
M. Sultan Alum for Appellant. Syed Zawar Shah for State
HAJI MUHMMAD--Appellant
VS
THE STATE--Respondent
Law:
Section:
(a) Evidence Act (I of 1872)-- - S..134-Witness, reliability of-Quality and not quantity of evidence to be counted-Implicit reliance, held, could be placed on solitary eye-witness, if nothing inherently improbable or contradictory in ocular account of such witness and he had no motive to give false evidence against accused.-[Witness]. (b) Evidence Act (I of 1872)- -- - S. 134-Witness, reliability of-Police official as good witness as any other witness.-[Witness]. (c) Penal Code (XLV of 1860)- S. 302-Murder-Sentence, quantum of-Deceased leaving house of accused-husband four months prior to occurrence and starting living with her parents-Real causes of estranged relations as well as immediate cause of murder shrouded in mystery-Lesser penalty of imprisonment for life, held, sufficient to meet ends of justice, in circumstances.--[Sentence]. JUDGMENT This criminal appeal and the connected Revision No. 75 of 1981 arise from the judgment of the learned Sessions Judge, Multan, whereby, he on 22-3-1981 convicted Haji Muhammad aged 30 years under section 302, P. P. C. for causing the death of Mst. Mukhtar Begum, his wife, on 9-6-1980 at 9 a. m. in the bazar of Chak No: 57/15-L and sentenced him to imprisonment for life and a fine of Rs. 3,000 in default thereof to further R. I. for one year with the direction that the amount of fine, if realised, be paid to the heirs of the deceased as compensation under section 544-A, Cr. P. C. By this judgment I propose to dispose of both the matters. 2. Dr. Abdul Ghafoor (P. W. 1) Medical Officer, Civil Hospital, Mian Channu conducted the postmortem on the dead body of the deceased on 9-6-1980 at 6. p. m. and found the following injuries on her person :- (1) An incised wound 2 ½ x ½ ' bone cut on the: left side of the head 3' from the left ear. (2) Incised wound 3' x 1 ½ x 3' on the left side of the neck cutting along all the muscles, blood vessels and vertebra of the neck. (3) Incised wound 2 ½ x 1' x 2' on the left side of the neck ½ below injury No. 2 cutting all the structures of the neck. (4) Incised wound 3' x ½ ' x muscles deep on front of left thigh, cutting along shalwar with it which was marked and signed by me. In his…
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