Law:

Section:

Penal Code (XLV of 1860) ----S. 302 Murder Sentence Accused having a fancy for and some attachment or love towards deceased but same not responded father of deceased rather taking it ill, getting accused expelled from Colony High Court on appeal holding that since it was sudden occurrence where accused and deceased met per chance; accused having given only one stab blow; some exchange of abuses taking place; accused harbouring insult, .maximum penalty of death not called for Held, reasons given by High Court quite sound and in accordance with law relevant on subject No interference by Supreme Court warranted in such case. [Sentence]. ORDER KARAM ELAHEE CHAUHAN, J. Khan Safdar (hereinafter called the accused) was tried for the murder of Nazir Ahmad, brother of the present petitioner Bashir Ahmad (first informant) and having been found guilty was convicted by the learned Sessions Judge, Hazara, at Abbottabad, by his judgment dated 27 7 1977, under section 302/34, P. P. C. and was sentenced to death and a fine of Rs. 2,000 under section 544 A, Cr. P. C. to be paid to the heirs of the deceased, or in default to 1 rigorous imprisonment for 1 year. 2. The accused filed an appeal being Criminal Appeal No. 26 of 1977, which was dismissed by a learned Division Bench of the Peshawar High Court, 16 1 1978 with this modification that the sentence of death was commuted to imprisonment for life, and sentence in lieu of fine was reduced to 6 months' rigorous imprisonment. 3. The first informant has come up in a petition for special leave to appeal against the same to this Court, with a graver for enhancement of the sentence of the respondent to death, and also for increase in the cash compensation. 4. The facts of the case, so far as the point involved before us is concerned, are few and simple. The accused had a fancy for and some attachment or love towards the deceased, but the same was no6' responded, and rather taking it ill the father of the deceased got the accused expelled from the T.I.P. Colony where he was putting up The High Court held that it was a sudden occurrence where the accused and the deceased met per chance; the accused gave only one blow; there was some…

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