Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860), S. 302-Murder-Sentence Mitigating circumstance-Accused a young man of 21 years smarting under insult and provocation, killing deceased out of sheer sense of vindication of self-respect-Sentence of death altered to one of transportation for life.   JUDGMENT SHAUKAT ALI, J.-The appellant Muhammad Akhtar (26), as been convicted by the Additional Sessions Judge, Rawalpindi, on a charge of murder of Shahid Ali and sentenced under section 302, P. P. C., to death. The convict appeals and there is usual reference under section 374, Cr. P. C., for the confirmation of the sentence of death. This judgment will dispose of the appeal and the reference. 2. The crime is said to have been committed on the 10th of July 1964, at 4-00 p. m., near the main gate of Carbonic Gas Factory, Dalhousie Road, Rawalpindi, within the jurisdiction of Police Station Cantt., Rawalpindi which is at a distance of half a mile from the place of the incident. The facts culminating in this incident were that Carbonic Gas Factory Dalhousie Road, Rawalpindi, was an evacuee concern. It was jointly purchased in public auction in the year 1957 by Nawabzada Arshad Ali Khan and his two sisters, namely, Mst. Husan Ara and Mst. Satara Begum. In the year 1960, due to non-payment of auction price the factory was sealed, Mahmood Ali Qadri, husband of Mst. Satara Begum got the factory de-sealed from the Settlement Department. Later on, an agreement was executed between the partners of the factory by virtue of which Mahmood Ali Qadri was appointed the Managing Director while Razaq Ali Khan son of Nawabzada Arshad Ali Khan was appointed as the Manager. In the year 1962, a dispute arose between the parties regarding the settlement of accounts, which resulted in civil and criminal litigation. Muhammad Akhtar appellant, who was employed as cashier- cum-clerk in the factory along with his brother Mahboob, who was a fitter in the factory, sided with Nawabzada Arshad Ali Khan in this litigation against Mahmood Ali Qadri. In the year 1963, Mahmood Ali Qadri who was the Managing Director, terminated the services of the appellant including other employees of the concern. On the other hand,…