Law: Penal Code (XLV of 1860)

Section: 302

1975 P Cr. L J 164   Penal Code (XLV of 1860)  S. 302-Murder-Sentence-Mitigation-Crop of accused tres passed and damaged by sheep of P. W. and in ensuing dispute father of accused given shoe beating by prosecution witness-Accused feeling humiliated and disgraced firing a single shot at deceased under that impulse-Sentence of lesser penalty under S. 302, P. P. C., held, would meet ends of justice in circumstances-Sentence of death commuted to life imprisonment. Date of hearing : 23rd January 1974.                                                                                                                                           JUDGMENT MUHAMMAD SIDDIQ, J.----According to the prosecution version the brief facts of this case are that a day prior to the occurrence at about peshiwela a herd of sheep of Muzaffar Khan (P. W. 8) (brother of Jehan Khan deceased) went astray into the field of Allah Dad (acquitted co-accused) and damaged his barseem fodder. Allah Dad abused him and Muzaffar Khan in retaliation gave him shoe beating. They were separated by Amir (P. W. 9). Allah Dad is said to have thrown a challenge to Muzaffar Khan by saying that he would avenge the shoe beating given to him. On the day of occurrence namely, 30-12-1968, Jehan Khan deceased went to the house of Muhammad Ramzan P. W. and sat with him for some time. Both of them then left for the dera of Muhammad Ramzan. Sultan P. W. also accompanied them. When they reached near the dera of Allah Dad (acquitted co-accused) all the six accused persons, including the present appellants emerged from the dera and challenged them from behind. Muhammad Amir appellant was carrying a gun, while the remaining accused persons were armed with lathis. Jehan Khan deceased and others tried to run towards the West where they were encircled by the accused party. All the…