Law:

Section:

(a) Penal Code (XLV of 1860) -- S. 302 [Murder case] Accused making extra judicial confession before two witnesses, produced before police, and incriminating recoveries made at his instance Items recovered: severed. head of deceased, blood stained clothes worn by accused, key of room where accused resided, blood stained churri and kassi from a room lock of which opened with key recovered from accused, blood stained earth inside room as well outside door, blood stained articles of bedding and blood stained charpai from inside room, and blood stained chappal allegedly belonging to deceased Incriminating articles found stained with human blood on examination by Chemical Examiner and Serologist No ocular evidence in case yet incriminating circum¬stances proved on record conclusive against accused No documentary evidence produced by Headmaster, defence witness, in support of accused having been a student of his school Other defence witness admittedly close relation of accused No substance in submission of recoveries having not been; properly proved or recovery witnesses being interested and inimical to accused Courts below, held, right in finding incriminating circumstances having proved guilt of accused and being incompatible with his innocence. (b) Penal Code (XLV of 1860)---- S. 302 [Murder case] Mitigating circumstances Accused 15 years of age at time of commission of offence, and annoyed at his failure to obtain hand of deceased's sister owing to deceased's opposition Accused suspecting deceased having carried on illicit relations with his cousin sister and thus a question of family honour also involved ¬High Court in circumstances, held, not in error in taking note of such mitigating circumstances in reducing death sentence to one of life imprisonment. [Sentence]. ORDER ANWARUL HAQ, C. J. This order will dispose of Criminal Petitions bearing Nos. 130 and 151 of 1976, which have arisen out of the same incident, and the same order of the Lahore High Court dated the 21st January 1976, by which the conviction recorded against petitioner Sher Bahadur by the Sessions Judge, Muzaffargarh, for the murder of one Amir Khan was maintained, but the sentence of death was…

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