WALI DAR Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Wali Dar against his conviction under Section 302, R. P. C. and the sentence of death passed on him. The charge against the appellant was that, on the night intervening between the 3rd and 4th of Jan. 1952, he caused the death of his sister Mst. Fazi by strangulation. The fact that on the night in question Mst. Fazi was strangulated to death is proved from the medical evidence in the case, and the sole question for consideration in the case is whether or not the charge under Section 302, R. P. C. was brought home to the appellant.

(2.) IT is one of those cases in which it is not possible to be dogmatic but, after making due allowance for the fact that there are grounds for grave suspicion against the appellant the Board, in view of certain extraordinary features of the case and the extremely unsatisfactory nature of the evidence, is unable to share the conviction of the Courts below as regards the guilt of the appellant.

(3.) THE case for the prosecution is that in the dead of night Wali Dar entered the room in which Fazi was sleeping, alone with Mst. Jainti, the wife of Wali Dar and certain children and there he strangulated her to death by fastening and tightening a rope round her neck. Thereafter he lifted the dead body on his shoulders and proceeded to the courtyard of Abdullah (P. W. 3) and put the same there.