Law: Penal Code (XLV of 1860)

Section: 302

(a) Penal Code (XLV of 1860) S. 302 -Murder-Evidence, appreciation of-Ocular testimony unimpeachable and nothing on record to show eye-witnesses having any reason to falsely implicate accused-Such ocular testi mony further supported by corroborative evidence of recovery of blood-stained knife from accused, securing of blood-stained shirt from his person and his apprehension on spot-Prosecution, held, succeeded in bringing guilt home to accused, in circumstances --Conviction maintained). [Evidence] (b) Penal Code (XLV of 1860)  S. 302-Murder-Sentence-Mitigation-No enmity between deceased and accused except exchange of harsh w9rds between them earlier in day-Fatal injuries preceded by grappling and exchange of abuses between deceased and accused over again --Ends of justice, held, would adequately be met by awarding lesser sentence of imprisonment for life, in circumstances.-[Sentence].             Sikandar v. State P L D 1966 S C 555 and Karim Bux v. State P L D 1977 Kar. 108 rel. Date of hearing : 30th September, 1980.                                                                                                                                           JUDGMBNT ABDUL HAFEEZ MEMON, J.--Appellant Muhammad Amin was tried and convicted by the learned HI Additional Sessions Judge, Karachi for an offence under section 302, P. P. C. and sentenced to death and a fine of Rs. 2,000, or in default further R. I. for two years, for committing murder of Muhammad Rashid. He has appealed against his conviction and the case is also before us on reference tinder section 374, Cr. P. C. for confir mation of sentence of death passed on the appellant. By this judgment we propose to dispose of both the appeal and the Reference. The incident resulting in the death of deceased took…