Law:

Section:

(a) Appeal to Supreme Court-----Criminal appeal-Finding of fact-Lower Court overlooking material portions of evidence ­Evidence scrutinized by Supreme Court in appeal. (b) Confession--- --Retracted confession should not be acted upon unless corroborated in material particulars. Ghulam Mohy-ud-Din, Senior Advocate Federal Court (Iftikhar-ul-Haq Khan, Advocate Federal Court with him) instructed by Nazir-ud-Din, Attorney for Appellant. C. M. Sharif, Advocate Federal Court instructed by Ijaz Ali Attorney for Respondent. Date of hearing : 12th January 1954. JUDGMENT SHAHABUDDIN, J.-This is an appeal by special leave against the judgment of the Lahore High Court by which the conviction of the appellant Nadir Hussain, aged 18 years, for the murder of his wife Mst. Said Begum and the sentence of death imposed on him by the Sessions Judge of Sialkot, at Gujrat, were confirmed and his appeal was dismissed. The case for the prosecution was to the following effect. Mst. Said Begum was the widow of the appellant's paternal uncle Nur Dad who died leaving 35 bighas of land, which the appellant's father was cultivating after Nur Dad's death. Disputes arose in respect of the produce of the land between. Mst. Said Begum and the appellant's father who prevailed upon the appellant to marry her, though he had already been betrothed to another woman ; but there were differences between the appellant and Mst. Said Begum also. He stole her ornaments. and she complained to her cousin, P. W. 2, who intervened on her behalf and obtained a promise from the appellant and his father to treat her properly. This was about the middle of March 1951. A month later P. W. 2 heard that Mst. Said Begum was not to be seen and so he enquired of the appellant and his. father about her whereabouts but did not receive a satisfactory reply. He then made further enquiries and finally presented a complaint (Exh. P. A.) to the First Class Magistrate at Gujrat alleging that Mst. Said Begum had been forcibly taken away from her house by the appellant and two of his brothers either for the purpose of murdering her or for concealing her somewhere and that action should be taken in the matter. This complaint was…

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