Law:

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(a) Penal Code (XLV of 1860)--­ ----S. 302---Appraisal of evidence---Deceased in her dying declaration had specifically stated that the accused who had been enticing her for Zina, on her refusal to allow him to commit -Zina with her, sprinkled kerosene oil and set her on fire---Record did not indicate if the said dying declaration was either tutored one or not voluntary---Prosecution witnesses had no enmity or motive for the false involvement of accused in the case---Conviction of accused was upheld in circumstances. (b) Penal Code (XLV of 1860)--­ ----S:- 302---Sentence---Mitigating circumstances---Genesis of the case was shrouded in mystery and record did not show as to what had happened immediately, before the occurrence---Investigating Officer admitted to have known about illicit relationship between the accused and the deceased during investigation---Sentence of death awarded to accused was altered to imprisonment for life in circumstances. JUDGMENT MIAN ABDUL KHALIQ, J.-Samson Masih alias Pappu son of Inayat Masih, aged 19/20 years, was tried for the murder of Mst. Nasreen Bibi by the learned Additional Sessions Judge, Lahore, who vide his impugned judgment dated 10-2-1991 had convicted and sentenced the appellant under section 302, P.P.C. to death and a fine of Rs. 50,000 in default whereof to undergo 5 years' R.I. The fine, if realised, Rs.40,000 out of the same were directed to be paid to the legal heirs of the deceased as compensation. He preferred this appeal to assail his conviction and sentence. The learned Additional Sessions Judge has also sent a reference under section 374, Cr.P.C. Both the criminal appeal and the murder reference shall be disposed of together by this judgment. 2. The prosecution case in brief, as unfolded in the F.I.R. Exh.PA/1 recorded at Police Station Factory Area, District Lahore on 7-3-1989 at 2-05 p.m. recorded on the basis of statement of deceased Mst. Nasreen Bibi Exh. PA is to the effect that her husband in connection with his service was in -Saudi Arabia for the last 4/5 years and during the wedlock 3 daughters and. a son were, born. In the absence of her husband, the appellant, real sister's son of the husband of the…

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