Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Murder-Sentence-Mitigation-Incident taking place as a result of sudden fight between accused and deceased and nothing clear as to what transpired before fight ensued between them-Sentence of death reduced to that of transportation for life, in circumstances.-(Sentence]. Date of hearing: 15thOctober, 1980.                                                                                                                JUDGMENT ABDUL HAFEEZ MEMON, J.---The appellant was tried and convicted by the Vth Additional Sessions Judge, Karachi, under section 302, P. P C and sentenced to death for committing the murder of deceased Abdul Mannan. He has appealed against his conviction and sentence and the case is also before us on reference under section 374, Cr. P. C. for confirmation of sentence of death passed on the appellant. By this judgment, we propose to dispose of both the appeal as well as the reference. The incident resulting in the death of the deceased took place on 19thFebruary 1973 at 3-15 p. m. near Nursery Stop in front of the main gate of Nomani Masjid. P. E. C. H. S., Karachi. The report of the incident was lodged by Traffic Head Constable Bashir Ahmed on the same day at 3-50 p. m. at Ferozeabad Police Station situated at a distance of 1 mile from the place of the incident. S. H. O. Farooq Ahmed Khan recorded the F. I. R. and conducted the investigation. Doctor M. S. A. Farooqui conducted the post-mortem on the dead body of deceased and noted the following injuries in his report:- "(1) Incised wound, transverse right side middle of neck 2" below the right eye measuring 1" x " x 1" muscle deep. Margin were clean cut angles were accetes shapper was ellepticle. (2) Incised wound left side face, transverse 1 in front of left ear lobule " x " skin deep. (3) Incised wound back of right side lower parts chest at the lave of…