Law:

Section:

Criminal Procedure Code (V of 1898), S. 288-Witness varying statement in Court of Session and saying that accused's face eras muffled-No such thing to be found in witness's statement in Commit­ting Court or in that recorded under S. 164, Cr: P. C. Statement before Committing Court brought on Sessions record-Held, High Court had acted rightly in convicting accused on witness's statement in Committing Magistrate's Court in circumstances of case. JUDGMENT MUHAMMAD MUNIR, C. J.-This is an appeal from the judgment of a Division Bench of the High Court of West Pakistan at Karachi reversing, on appeal by the State, an order of acquittal by the Sessions Judge, Khairpur State, convicting Abdul Majid appel­lant under section 302 of the Pakistan Penal Code and sentencing him to transportation for life. Haroon was murdered in front of the house of one Hasan Khati in the village of Muhammad Kalhoro on the morning of 5th March 1954. The assailant inflicted on him several injuries with a hatchet causing his instantaneous death. The prosecution case against the appellant was that it was he who murdered Haroon because of the suspicion that the deceased was carrying on an immoral liaision with the wife of the appellant's brother Abdul Hamid. The main evidence in the case was that of Hasan Khati in front of whose house the murder was committed and the circum­stantial evidence that the appellant, on the very first day of the investigation, produced a hatchet and was found wearing a turban which were both stained with human blood. Hasan Khati, the only eye-witness in the case, gave definite evidence before the Committing Magistrate that in his own view the deceased was done to death by the appellant under a sharin tree in front of the wit­ness's house. His statement, recorded in the course of investigation under section 164 of the Criminal Procedure Code was equally definite. At the trial, however, he softened his evidence against the appellant by alleging that the murderer had muted his face and that he had suspected him to be the appellant because the culprit after committing the crime had gone in the direction of the appellant's house. The Sessions Judge who delivered his…

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