Law: Pakistan Penal Code, 1860

Section: 302

Penal Code (XLV of 1860)-----S. 302-Accused arrested on the spot-Recovery of blood-stained shirt from him next day-Held, circumstance, did not create any reasonable doubt about evidence of -recovery. Hamid-ud-Din, Advocate Supreme Court instructed by Altaf Sikandar, Attorney for Appellant. Jamil Hussain Rizvi, Advocate-General West Pakistan (Mushtaq Hussain, Advocate Supreme Court with him) instructed by Ijaz Ali, Attorney for the State. Date of hearing : 6th October 1959. JUDGMENT SHAHABUDDIN, J.--This is an appeal from the judgment -of the High Court of West Pakistan, Lahore, by which the acquittal of the appellant Jiwan Shah on the charge that he -murdered his aunt Mst. Husain Bibi was set aside and he was convicted of the said murder and sentenced to death. The case for the prosecution was that on 10th November 1956 when the deceased Husain Bibi was sitting near her husband witness Hayat Shah (P. W. 9), the appellant who lived close by came with a takwa and inflicted on her ,injuries of which she died. Hayat Shah raised an alaram 'hearing which several persons including Kamir (P. W. 14) came on the scene, and the latter who had a gun in his hand seeing the appellant running away threatened him that to would be shot down if he did not stop, whereupon he stopped running and was caught and detained at the spot. Hayat Shah who left for reporting the occurrence met the A. S. I. of the police station having jurisdiction on the way sand gave him the information and that officer reached the scene at about the midnight hour and arrested the appellant. Next morning noticing stains on the appellant's clothes he seized them, and the chemical analysis of the stains disclosed that they were of human blood. Evidence relating to the motive was that Hayat Shah was the second husband of the .deceased who had a daughter Mst. Bashiran (P. W. 8) by her first husband. The deceased married Bashiran first to the brother of the appellant who divorced her and thereafter Basbiran was married to another person. The case for the prosecution was that the respondent resented the fact that the deceased had married her daughter outside the family. The defence set up by the appellant was of…

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