Law:

Section:

(a) Penal Code (XLV of 1860)----S. 304, Part I-Culpable homicide not amounting to murder-­Plea as to accused petitioner having been of only 13/14 years of age not supported by record nor such ground urged in petition for leave to appeal for reduction of sentence--.Accused having been absconding for about 5 months after occurrence and sentence of High Court being legal, no interference, held, called for-Constitution of Pakistan (1973), Art. 185(3). (b) Constitution of Pakistan (1973)- -- Art. 185(3)-Leave to appeal-Petition barred by two days and explanation for delay not completely satisfactory-Delay, however, condoned in circumstances of case and subject to all just exceptions. ORDER SHAFI-UR-REHMRN, J.--The petitioner, who has been convicted of the offence under section 304, Part 1, P. P. C. arid sentenced to ten years' rigorous imprisonment and a fine of Rs. 10,000 seeks leave to appeal against his conviction and sentence. 2. The facts of the prosecution case, in brief; are that on 13-9-1977, during the month of Ramazan, Muhammad Siraj deceased was returning from the mosque after Maghrab prayers in the company of his brother Muhammad Rafiq (P. W. 8) when they were stopped by the petitioner Israr and his brother Ibrar who were standing in the Chauk known as Charsoo in village Khaishki Bala. The petitioner and his brother taunted them about the caps. The deceased objected to such a taunt. There was grappling. Ibrar the acquitted accused, is said to have caught hold while the petitioner is said to have given a knife blow on the chest of the deceased. The Investi­gating Officer reached the house of the deceased and recorded his report about the concurrence at 8-45 p.m. The injured expired the next day. The petitioner had absconded after the occurrence and could be arrested on 15-8-1978. 3. At the trial the petitioner took up the plea that he saw the deceased end Muhammad Rafiq (P. W. 8) on one side and his brother Ibrar on the other, the deceased and his brother were disgracing . Ibrar by asking him to take off his trousers and on their not desisting from doing so the petitioner stabbed the deceased. The petitioner also stated that he had run away. out of fear.…

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