Law: Penal Code (XLV of 1860)

Section: 302

(a) Penal Code (XLV of 1860) S. 302-Murder-Evidence, appreciation of-Occurrence witnessed by two natural eye-witnesses, including an injured witness and their testimony finding support from recovery of weapon of offence and medical evidence-Conviction maintained, in circumstances.-[Evidence]. (b) Peas) Code (XLV of 1860) S. 302-Murder-Sentence-Mitigation-Accused, a young boy of 16, and smartening under revenge against complainant party, responsible for his father's death-Sentence of death reduced to imprisonment for life, in circumstances.--[Sentence]. Date of hearing: 13th September, 1980.                                                                                                                                JUDGMENT GHULAM MUJADDID MIRZA, J: Khalid Farooq son of Muhammad Siddiq, aged 16, was tried for the murder of Nasrullah, 14 years of age, as well as for attempt to murder his younger brother Ghulam Mustafa, aged 10 years. He was found guilty on both the counts by the trial Judge and sentenced to death for the murder and fire of Rs. 1000 or in default six months' R.I. He was further sentenced under section 307, P. P. C. to ten years' R. J. and fine of Rs. 1,000; in default six months' R. I. The convict has filed appeal against the judgment of the trial Court. Reference for confirmation of death sentence is also before us. Both the matters shall be decided by this judgment. 2. The prosecution story is that at about 10 p.m. in the night between Ist and 2ndApril, 1976, while the two brothers were sleeping on the same cot in their Dera in Chak No. 159/R.B. they were attacked by the appellant with a hatchet. Nasrullah was fatally injured. His brother Mustafa survived. The motive for the alleged attack was that about seven years ago, Rafiq, Latif and Nawab had attacked and killed the father of the appellant. These three persons…