Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Sentence-Mitigation-Accused's being defended at State expense before trial Court as well as High Court-Held, no ground for lesser penalty-Accused armed with unlicensed gun firing two shots at deceased and absconding after occurrence-Conviction and sentence maintained in circumstances. Date of hearing : 14th February 1974.                                                                                                                               JUDGMENT MUHAMMAD SIDDIQUE, J.-According to the prosecution the brief facts of the case are that on 20-3-1970 Muhammad Mubarik alias Sain Muhammad deceased took his goats in the morning for grazing at a distance of about 200 yards from his house. At that time his brother Muhammad Razzak (P. W. 8) was sitting in the verandah of his house alongwith his wife Mst. Zaitoon Bibi and Habibullah P. Ws. On hearing the report of a gunshot, they stood up and proceeded towards the place from where the sound of the gunshot had come. After covering a short distance they heard the shouts of Muhammad Mubarik deceased saying that "MUJHAY MARA HAI" (appellant). "MUHAMMAD KHALIL" The second shot was fired by the accused to the view of the witnesses and it hit the deceased on the belly. The deceased fell down. The witnesses rushed to the spot but they were threatened by Muhammad Khalil appellant that if they tried to go near him, he would also kill them. The accused then ran away alongwith his gun. The witnesses then reached the place of occurrence and found two gunshot wounds one on the belly and the other on the back of the shoulder. Muhammad Razzak P. W. put his hands on both the wounds to stop bleeding. The deceased after some time became unconscious. Muhammad Razzak P. W. then went to Police Station, Kotli which is at a distance of about three miles from the place of…