Roxburgh, J. - (1.) THIS is an appeal by an accused who has been convicted under Section 302, Penal Code, for the murder of his five -year old son and sentenced to transportation for life.
(2.) THE only question that arises for consideration is whether the learned Judge gave correct directions on the question whether the accused was entitled to the protection of the provisions of Section 84, Penal Code. The prosecution case was that the accused sacrificed his son as korbani in the mosque and having done so went straight and informed his uncle Mafizuddin p W. 2. The police were duly informed and the accused was taken into custody, and confessed.
(3.) HIS story in his confession was this: I have sacrificed my son Jinu aged 5 or 5 1/2 years. On the expiry of the day of Sunday I dreamt a dream at night that I bad been in heaven. As I had got up two steps I heard "Your sacrifice (korbani) was of no use; you will have to sacrifice your own son," In the following, morning I searched for a castrated goat with a view to sacrifice a castrated goat also along with the son. Thereafter I thought that I had no necessity of a goat when I would sacrifice my eon. I bathed my son at about 1 prohar of the day and bathed myself also. I kept the knife in the mosque of our village before bathing. The son came home after he had bathed in the tank. He was playing, I called him and brought him to the mosque. I asked the son to lie dawn, and he lay down. I asked him to shut his eyes and he shut his eyes. I too shut my eyes. Taking the knife in my right hand and thrusting it into son's throat, I sacrificed him. He was left there. After closing the door of the mosque 1 spoke every thing to my maternal undo Asiruddin. Thereafter I went to the house of my brother -in -law Basiruddin and on the very day I returned home.;