Law: Penal Code (XLV of 1860)

Section: 302, 34, 352

(a) Penal Code (XLV of 1860) Ss. 302/34 & 352-Murder Sentence-No evidence on record to prove that accused had knowledge of co-accused carrying a knife muchless that he would cause fatal injuries to deceased-Accused at best, held, could be held guilty under S. 352-Conviction under S. 302 altered to one under S. 352, Penal Code, 1860. (b) Penal Code (XLV of 1860) S. 302-Murder-Sentence- Mere youth of accused guilty of murder-No ground for withholding extreme penalty of death-Accused insulted and slapped by deceased a day earlier before incident, coming prepared for a fatal assault armed with a formidable weapon like knife and inflicting more than one blows on vital parts of deceased---Accused, held, could not be smarting under insult offered to him earlier and thus not entitled to lesser punishment provided under S. 302---Sentence of death maintained in circumstances. JUDGMENT BASHIRUDDIN AHMAD, J.-Muhammad Anwar (18) and his maternal cousin Muhammad Hanif (19) were tried for the murder of Zafar Iqbal on March 6, 1968, in furtherance of their common intention, by the Additional Sessions Judge, Lyallpur who convicted them under section 302, P. P. C. Muhammad Anwar was sentenced to suffer death. Muhammad Hanif was awarded the lesser punishment of transportation for life. 2. The convicted persons appealed -and the case is also before us on reference under section 374, Cr. P. C., in so far as Muhammad Anwar is concerned, for confirmation of the death sentence. Sher Muhammad filed Criminal Revision No. 993 of 1969 for enhancement of sentence of Muhammad Hanif from transportation for life to death. It was ordered tee be heard with the connected criminal appeal and the murder reference. We propose to dispose -of the appeal, the reference and the Revision Petition by a single judgment. 3. The prosecution made out their case thus : Muhammad Anwar appellant, who is a student, of the Islamia College, Lyallpur, which is situate at Sargodha Road at a distance of a mile or two from Lyallpur Town, used to tease; Ata Muhammad teacher posted to Middle School, C1hak No. 52/J. B. On March 5, 1968, when Ata Muhammad was proceeding to the school while riding a bicycle at about…