Law:

Section:

Penal Code (XLV of 1860)-S. 302--Evidence Act (I of 1872), S. 32(1)--Leave to appeal, grant of--Appraisal of evidence--Dying declaration--Petitioner convicted for double murder and sentenced to death--Prosecution relying on dying declaration of deceased, ocular testimony, motive and recovery of crime weapon--Plea that physical condition of victim after infliction of injuries could not be such as to enable her mentally to make statement, not sustained because Medical Officer concerned and another doctor had found her in senses and citified her to be mentally fit to make statement--Evidence having 'been correctly appraised and accepted in totality and there being no legal error, Supreme Court declined to interfere. ORDER MUHAMMAD HALEEM, C.J.--The petitioner, herein, is charged for the murders of Inayat Bibi and her daughter Mst. Sajida by inflicting 24 incises on the former and 10 on the latter, while both of them were taking rest on a cot in their house situate in Street No. 2, Viryam Nagar, Jaranwala, at 3-00 p. m. on 30th of July, 1976. The petitioner who is a relative of Faqir Muhammad, husband of Mst. Inayat Bibi, surreptitiously entered the house armed with a Chhuri, with a design to commit sexual intercourse with Inayat Bibi, but on her rebuff he pounced on her and caused not only injuries to her but also to her daughter who embraced her on seeing her being murdered. Her shrieks attracted not only her husband Faqir Muhammad, but also Fazal Din and Ghulam Murtaza, who were returning to their houses after offering Juma prayer, and as they entered the house they saw the petitioner inflicting injuries. He thereupon decamped from their waiving his Chhuri to frighten them. Inayat Bibi and her daughter Mst. Sajida were taken to the hospital where the child died, but Inayat Bibi survived till 9-40 p.m. when she expired. However, her dying declaration was recorded at 4-45 p.m. by the Investigating Officer in the hospital wherein she charged the petitioner for wanting to have a forcible sexual inter-course and on her refusal, the petitioner causing injuries to her and her daughter. The motive for the occurrence was said to be that the petitioner had, a few days…

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