Law:

Section:

Penal Code (XLV of 1860), S. 302-furder-Sentence---Mitiga­tion-Exchange of abuses and fist blows preceding stabbing of deceased by accused-Sentence of death reduced by Supreme Court to one of transportation for life. Ch. Nazir Ahmad Khan, Senior Advocate Supreme Court instructed by Mahmud A. Qureshi, Advocate-on-Record for Appellant. Kh. Saeedul Hassan, Advocate Supreme Court instructed b3 Sh. Ijaz Ali, Advocate-on-Record for the State. Date of hearing : 18th May 1972. JUDGMENT MUHAMMAD YAQUB ALI, A. C. J.-The High Court has, on appeal and reference, confirmed the sentence of death awarded to Muhammad Saleem, appellant, under section 302 of the Pakistan Penal Code, for the murder of one, Yunis. The occurrence took place on the 8th April 1958, in Kanak Mandi, a busy thoroughfare of Sialkot City, between 4-00 and 5-00 p.m. There was a background of bitterness between the family of the deceased and the appellant. They were transferred a house by the Settlement authorities. The deceased and his parents were given the ground floor while the appellant and his uncle, Kalu, were given the upper storey. They used a common staircase which led to mutual bickering. There had also been litigation between Mohammad Yusaf and Kalu on the transfer of the house. Two/ three days before the occurrence, the deceased objected to the presence of some undesirable persons in the upper floor of the house. This was resented by the appellant. Kalu and the appellant ran a shop in Kanak Mandi. At the time of occurrence, the deceased happened to go to Kanak Mandi for making purchases. The appellant, who was sitting at his shop entered into a brawl with the deceased. In the course of exchange of abuses and fist blows which followed, .the appellant took out a knife from the fold of his loin-cloth and gave three blows with it to the deceased who fell down and died instantaneously. Muhammad Yusuf, father of the deceased, made the first report to the Police, claiming to be an eye-witness. The Courts below, however, discounted his presence as well as the presence of another eye-witness named in the F. I: R., Mohammad Amin (P. W. 16), a close relative of Muhammad Yusuf. There were three other…

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