Law: Penal Code (XLV of 1860)

Section: 302, 342

(a) Penal Code.(XGV of 1860), ---S. 302-Murder-Prosecution producing overwhelming evidence, connecting accused with fire result ing in death of deceased-Conviction of accused upheld. (b) Penal Code (XLV of 180), ---S, 342--Murder----Sentence-Existence of bad blood between accused and complainant party Accused, he his extreme youth, without premeditation picking up gun at spur of moment and, firing at victim with fatal result, Held: lesser penalty of transportation for life would meet ends of justice in circumstances of case Sentence of death altered to that of transportation for life. Date of hearing: 30th September 1969. JUDGMENT BASHIRUDDIN AHMAD, .J.-Ghalib Husain (20) and his younger brother Abdul Basit (13) were tried for the murder of Muhammad Munir, in furtherance of their common intention, on August27; 1966, by the Additional Sessions Judge, Bahawalpur, at Bahawalnagar, who acquitted Abdul Basit, but convicted Ghalib Husain under section 302, P. P. C. and sentenced him to suffer death. 2. The convicted person appealed and the case is also before us on reference under section 374, Cr. P. C., for confirmation of the death sentence. We propose to dispose of the appeal as well as the reference by a single judgment. 3. The case for the prosecution, briefly narrated, is that the appellant along with his brother had been demanding their share of the land left by Muhammad Rafiq and Muhammad Zaman; who were put to death some time before the present occurrence. The estate of the deceased persons had to be mutated in the names of Muhammad Iqbal, his brother Ghulam Farid and their sister Mst. Khudeja Begum. The appellant and his brother were considered not entitled to the inheritance of Mohd. Rafiq and Mohd. Zaman in the presence of Muhammad Iqbal, Ghulam Farid and Mst. Khadeja Begum. They, however, insisted that the land should be divided and they should also be given a share out of it. They were told to wait till the decision of the case relating to the deaths of Muhammad Rafiq and Muhammad Zaman. Mst. Khudeja, the mother bf the deceased person in this case, declared that she would make a gift of her share to Muhammad Munir. On the night preceding the day of the…