Law:

Section:

(a) Penal Code (XLV of 1860)- -- S. 302-Murder-Accused caught red-handed-Eye-witnesses giving consistent account of occurrence-No personal enmity of eye-witnesses against accused to falsely implicate him present-Eye-witnesses though subjected to lengthy cross-examination but nothing favourable to accused could be elicited-Prosecution, witnesses fully corroborating each other-Eye-witnesses corroborated by medical evidence-Crime weapon seized from possession of accused at time of occurrence then and there-Blood-stained clothes removed from person of accused by police-No explanation from accused pleading not guilty, forthcoming as to how accused came into hands of prosecution witnesses-Motive also established-Held, circumstance that accused was caught red-handed was a very strong piece of evidence against accused-Prosecution witnesses being natural witnesses duly corroborated by other witnesses, though related to deceased, their evidence could not be discarded on score of their relationship alone - Accused rightly convicted in circumstances. (b) Penal Code (XLV of 1860)- -- S. 302-Murder-Sentence-Mitigation-Fact that deceased (lady) was previously married to accused but rukhsati was yet to take place when accused was sent to jail in connection with a murder case ­Deceased contracting second marriage in absence of accused when he was serving out sentence in jail-Prosecution stating that accused had divorced her and she after that had contracted another marriage having given birth to four children from that wedlock-Prosecution unable to lead any convincing evidence to show that accused had divorced deceased-No document or witness produced to show that divorce was pronounced by accused-Mere oral assertion of complainant and other eye-witnesses that accused had divorced his wife, but accused denying having divorced the lady and claiming her to be still his wife-Held, conduct of deceased contracting second marriage when accused was absent and was serving out sentence in jail was surely provoking factor which inter alia was extenuating circumstance which mitigate offence-Mere fact that deceased contracted second marriage without being formally divorced by accused would…

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