Law:

Section:

Penal Code (XLV of 1860) S. 302[Murder case]Sentence, reduction of Plea of existence of mitigating circumstances-Possibly not without substance Sentence of death imposed on -Petitioner, however, perfectly legal­ Mere fact of lesser sentence being more appropriate in peculiar circumstances of case-Not sufficient ground for grant of leave to appeal by Supreme Court-Matter entirely discretionary with High Court and trial Court-Case, held more appropriately fell to be dealt with by Executive !n exercise of its prerogative of mercy.[Sentence]. JUDGMENT MUHAMMAD GUL, J: Feroz Khan son of Sher Afzal, the -Petitioner in, has been convicted by the learned Sessions Judge, Peshawar section 302; P. P. C. for the murder of Nooran Shah by firing at him with an automatic pistol and sentenced to death. His appeal to the High Court against his conviction has failed and his death sentence confirmed on a reference, and he now seeks leave to appeal against the judgment op the High Court. The murder of Nooran Shah for which the -Petitioner stands convicted has a tragic background or murders of four persons committed at three different occasions since 171970 in each of which Nooran Shah deceased was allegedly concerned. The facts leading to the present murder, are more or less not disputed. The case for the prosecution is that the -Petitioner's brother Jamroz any the deceased Nooran Shah started a joint business as milksellers. The -Petitioner's brother Jamroz looked after the muchcattle in the Jungle Kheshki Payan where be also lived and the business of milkselling was actually carried by Nooran Shah deceased. A dispute arose between the two partners at the time of settlement of accounts, according to which Jamroz had to pay certain sums to Nooran Shah deceased. This led to a rift between the two partners in business. On 171970 at about 500 a.m. Jamroz was killed in the jungle. F. I. R. No. 164 of 1970 was lodged by the -Petitioner's father Sher Afzal in which he charged Nooran Shab with the murder and named Ajun Khan and Ashrafuddin as the eyewitnesses. On 2771970 that is to say within less than a month of the previous murder, both Ajun Khan and Ashrafuddin were killed and an…

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