Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860)--   ---S.302--Trial Court convicting accused-respondent and sentencing him to death but High Court, on appeal, acquitting him--Leave to appeal granted to examine contentions (i) that High Court had not noticed some material circumstances which clearly showed that it was the accused-respondent who was responsible for killing deceased, and (ii) that High Court was not right in holding that the Investigating Officer had been dishonest in inquiring into the facts of the case. ORDER SAAD SAOOD JAN, J.--Major Karam Elahi Zia, respondent was convicted by an Additional Sessions Judge at Lahore of an offence under section 302 of the Pakistan Penal Code for causing the death of his wife, Mst. Sameena Balqees. He was sentenced to death and directed to pay a fine of Rs.20,000. On appeal and reference, the High Court set aside his conviction and sentence and acquitted him of the charge against him. The State as well as the father of Mst.Sameena Balqees, by separate petitions, seek leave to appeal from the judgment of the High Court. 2. The respondent was serving as an officer in the Army. He was a resident of Kasur. He married the deceased in 1969 and there were three issues of the marriage, According to the prosecution the respondent became involved with a girl from Kasur and for that reason hatched a plan to get rid of the deceased. 3. The occurrence took place on the night between 30 and 31-12-1976 on the Lahore-Kasur Road, near village Jhulkey, at a distance of about four miles from Police Station Kahna. According to the prosecution, the respondent was driving in his car from Lahore to Kasur together with the deceased and his brother, Amjad Yousaf, after collecting his service card which he had inadvertently dropped in the house of Mst. Hameeda (P.W.9) on the previous day. At 10-15 p.m. while he was passing by the village Jhulkey he stopped the car on the pretext that the brakes of the car were not working properly. He sent his brother to Lahore by a passing bus to fetch some brake-oil. While his brother was away, he shot the deceased with a revolver and then went away to dispose of the weapon. When Amjad Yousaf returned with the brake-oil…

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