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Penal Code (XLV of 1860)-----S. 302-Conviction for murder ­Special Leave to Appeal granted by Supreme Court to consider whether act of accused c mounted to murder or an offence lesser than that. M. Anwar, Advocate Federal Court instructed by M. A. Rahman, Attorney for Appellants. Ghias Muhammad, Advocate Federal Court instructed by Iftikharuddin, Attorney for Respondent. Date of hearing : 13th October.1955. JUDGMENT SHAHABUDDIN, J.-This is an appeal by special leave from the judgment of the Court of Jadicial Commissioner, N.-W. F. P. by which the convictions of the appellants under section 302 read with section 34, P. P. C. and sentences of death imposed on them were confirmed and their appeal was dismissed. The case for the prosecution was that on 5th June 1953, Mst. Paighal Jan, a girl aged about 16-17 years whom the second appellant had married went to her mother's house without his permission On her return the second appellant beat and tied her to a pile in a room where she remained in that condition the whole night. Next morning the second appellant gagged her and the first appellant brought boiling water in a degcha and poured it on her with a Iota, as a result of which she sustained extensive burns. After this outrage was committed she was untied and then the appellant left the kotha. The Sub-Inspector hearing of this occurrence from some of the boys of the locality went to the house of the appellants, recorded the statement of the unfortunate girl and sent her to the hospital where she remained till the 26th June. Then her mother took her home but brought her on the 2nd July 1953, back to the hospital where she died on the 11th September 1953. Direct evidence of the occurrence was the deposition of the deceased before the Committing Magistrate which during the trial was admitted under section 33, Indian Evidence Act, as she was by then dead. There was also the evidence of the mother of the appellants brought on record under section 288, Cr. P. C. to the effect that when she entered the room hearing the cries of the deceased the latter said that while the second appellant held her the first appellant poured over her boiling water. It was also in the…

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