Law: Penal Code (XLV of 1860)

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 382-B

(a) Penal Code (XLV of 1860) S. 302-Day time murder by petitioner of a fellow student in College premises seen by a number of people including staff and students present - Principal of College and other eye-witnesses responsible persons having no reason to perjure themselves and involve petitioner--Petitioner not producing a single witness from amongst numerous students at spot in support of his version nor receiving slightest injury during incident and such fact belying version given by him-High Court, held, justified in upholding petitioner's conviction. (b) Criminal Procedure Code (V of 1898) S. 382-B [as amended by Criminal Procedure Code (Second Amend ment) Ordinance (LXXI of 1979)]-Compromise - Sentence-Period spent in Jail by accused as under trial prisoner from date of arrest till date of announcement of sentence of imprisonment for life Held, to be taken into consideration by relevant authorities while com puting period of total imprisonment.-[Sentence]. Date of hearing: 20th December, 1980. ORDER ASLAM RIAZ HUSAIN, J.-Manzur Ahmad, petitioner, a student of 1st Year in the Government Islamia Degree College, Khanewal was convicted for the murder of Muhammad Ramzan, a. student of 2nd Year of the same College, and was sentenced, inter alia, to imprisonment for life. His appeal was dismissed by the High Court vide the impugned judgment dated 7-10-1978. Hence the present petition. 2. The murder was committed in the college premises. The facts of the case briefly are that on 16-11-73, the day on which the elections to the College Union were to be held, the petitioner inflicted 3 knife blows to Muhammad Ramzan, as a result of which he fell down on the spot. The occurrence was witnessed by Muhammad Ashraf Lateefi, P. W. 7 a lecturer of the College, Ch. Mukhtar Bahadur, P. W. 8, Principal of the College and Muhammad Yaqub, P. W. 9, Director, Physical Education who were present in the College. 3. Manzur, petitioner, was apprehended at the spot by Muhammad Yaqub, P. W. 9 and Subhan Khan, Head Clerk and his knife P-7 was taken into possession. On enquiry by the Principal, Ramzan, deceased, who was still able to speak, told him that about 20/25 days ago, he had…