Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860), S. 302---Sentence--Single knife blow inflicted to course of exchange of hot words without premedita tion--Appellant less than 18 years at time of occurrence-Lesser punishment of imprisonment for life justified, in circumstances. Date of hearing: 3rd August 1972.                                                                                                                                JUDGMENT M. S. H. QURBSHI, J.-This is a reference under section 374, Cr. P. C. for confirmation of the death sentence awarded to Abdur Rashid under section 302, P. P. C. for the murder of Mukhtar Ali. As he has also appealed, we propose to dispose of the reference as well as the appeal by this judgment. 2. Appellant Abdur Rashid had lived for about 21years with Najabat Ali P. W. in the latter's quarter in the Mill Area of the Lyallpur Cotton Mills, Lyallpur. Some 5-6 months prior to the occurrence, Najabat Ali had asked him to make separate arrangement for his residence as he had to get married, and then Abdur '. Rashid had started living in a rented house. On 23rd July 1970, at about 7 p.m. the wife of Mukhtar Ali (deceased), elder brother of Najabat Ali, asked Nasir Baig, maternal uncle of the deceased, to fetch Mukhtar Ali as she had served dinner for him, which was getting cold. Nazir Baig accordingly went out and saw Mukhtar Ali talking to the appellant near the minor canal outside Gate No. 5 of the Mills. He called the deceased but the latter continued talking with the appellant. Nazir Baig, therefore, waited for the deceased to accompany him. Suddenly he saw Abdur Rashid pick out a knife from the pocket of his pant, give a blow with it in the chest of the deceased, and run away towards WAPDA workshop. Nazir Baig gave a chase. He was joined by Saghir Hussain, who had also come up at that time and had seen the occurrence. The…