Law: Pakistan Penal Code, 1860

Section: 306(a),308

Law: Criminal Procedure Code (V of 1898)

Section: 342

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--- ----Ss. 306(a) & 308---Constitution of Pakistan (1973), Art.185(3)--­Enhancement of sentence---Age of accused was recorded as 17 years in his statement under S. 342, Cr.P.C., meaning thereby, that he was 16 years of age at the time of commission of offence---Accused in order to prove his minority at the relevant time had brought on record two documents prepared by the Headmaster of the School and the Doctor in their usual discharge of duty, admissibility of which should not be open to any objection---Even if the said documents were assumed to be not liable to be taken into consideration, still in view of the discrepancy on the question of age of accused i.e., recorded in his statement under S. 342, Cr.P.C. and as per the documents brought on record, benefit of same would go him---Leave to appeal was declined to the complainant by the Supreme Court in circumstances. Anar Gul v. The State through Advocate-General, N.-W.F.P. and another 1999 SCMR 2203; Muhammad Afzal alias Seema v. The State 1999 SCMR 2283 and Sarfraz alias Sappi and 2 others v. The State 2000 SCMR 1758 ref. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J.---Leave to appeal is sought against the judgment dated 19-10-2001 passed by a learned Single Judge of the Lahore High Court, Lahore, whereby Criminal Appeal No.942 of 1998 filed by respondent No. 1 was partly allowed by converting his sentence of imprisonment for life recorded under section 302(b), P.P.C. to 14 years' R.I. under section 306(a) read with section 308. P.P.C. Brief facts of the case as disclosed in the F.I.R. are that Amnnat Ali (P.W.5) reported to the police that on the day of occurrence i.e. 21-6-1997 in the morning he along-with his brother Allah Ditta went to their fields for ploughing the land which was situated at a distance of one acre from the place of occurrence. After some time his Phuphi Zad sister-in-law Noor Begum and Muhammad Akhtar came there, they brought with them breakfast. At 7-45 a.m. accused Khadim Hussain armed with pistol, Nazim Ali armed with .12 bore gun, Inayat armed with Sota, Nazar Hussain armed with Sota, Mehdi Khan armed with Sota and Mst. Amina Bibi also armed with Sota came…

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