Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860), S. 302-Person convicted for murder and sentenced to death-Petition for Special Leave to Appeal dismissed by Supreme Court but a review petition filed before the Court pending-General amnesty granted by Government commuting capital sentences of all condemned prisoners-Held, petitioner could avail of general amnesty even after disposal of review petition. Date of hearing : 6th March 1972.                                                                                                                          JUDGMENT SAJJAD AHMAD, J.-The main points urged in this review petition are that the impugned judgment has disregarded the effect of the circumstance that wares in the petitioner's shop were lying scattered, and some blood was found in front of the petitioner's shop on both sides of the metalled road, as stated by the investigating officer, which indicate that the complainant party was at least guilty of an offensive intrusion in the petitioner's shop, thereby furnishing a cause for grave and sudden provocation to the petitioner, reducing his offence to man-slaughter, and that, in any case, the sentence of death awarded to the petitioner was disproportionate to the nature of his crime. The presence of the blood in front of the petitioner's shop does not advance the defence plea. All these arguments were made at the hearing of the leave petition to support the plea of self-defence as well as to show the sudden and unpremeditated nature of the crime, but they were not accepted. If the circum stances now urged were doubted in support…