Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Murder-Sentence-Mitigation-Accused a young boy of 15/16 years at time of occurrence, giving a single knife blow to deceased, but refraining from repeating blow-A case for awarding lesser penalty, held, made out in circumstances-Sentence reduced from death to that of imprisonment for life.-[Sentence]. Dates of hearing: 16th and 17th March, 1980.                                                                                                                                JUDGEMENT JAVID IQBAL, J.-Nasir son of Arif Javaid, aged 19 years, and Muhammad Javaid son of Abdur Raoof, aged 17 years, both friends, have been convicted under section 302134, P. P. C. for the murder of Muhammad Arshad, aged 19 years, and vide judgment, dated 4th May, 1978 of the Additional Sessions Judge, Lahore, Nasir Javaid was sentenced to dead" with fine of Rs. 5.000 or in default to undergo three years, rigorous imprisonment, and Muhammad Javaid was sentenced to imprisonment for life with fine of Rs. 2,000 or in default to undergo one year rigorous imprisonment. If the fine was realized from both of them, half of the same was directed to be paid to the legal heirs of the deceased. The convicts have filed separate appeals. Criminal Appeal No. 478 has been filed by Nasir Javaid whereas Criminal Appeal No. 524 of 1978 has been filed by Muhammad Javaid. Both these connected appeals are being taken up and disposed of together along with Murder Reference No. 165 of 1978 for the confirmation of death sentence awarded to Nasir Javaid, by this, judgment. 2. The occurrence took place on 22nd October, 1975, at Maghrib prayer time in the area of Walton Airport in front of residential quarters at a distance of 41 miles from Police Station Ichhra, Lahore. Statement Exh. P. A. was made by Soofi Ahmad Khan, P. W. 1, sister's husband of the deceased…