Law:

Section:

(a) Penal Code (XLV of 1860)---S.302 read with S. 300, Exception I-[Murder-case]-Appreciation of evidence-Sentence-Appellant on one side and deceased together with two others on other side, all students of junior classes, while returning from School having an altercation, both sides abusing each other -- Appellant threatening other party with dire consequences, running off towards his nearby house bringing a gun and firing at his opponents but hitting deceased alone fatally-No evidence existing as to appellant being gravely provoked but reasonable possibility existing in circumstances of case as to appellant having acted under some amount of provocation-Act of first running away from three adversaries and then firing one shot at them does not negate but rather partly affirms such assumption-Provocation being not sudden and all ingredients of Exception l to S. 300, P. P. C. being not established appellant, held, cannot be allowed benefit in reduction of offence but due benefit of provocation, short of grave and sudden can be extended to him in matter of sentence-Accused appellant's conviction under S. 302, maintained but sentence reduced to imprisonment for life.­[Sentence-Grave and sudden provocation]. (b) Penal Code (XLV of 1869)-- -- S. 300, Exception I-Abusive languages-Provocation-Proposition - that abuses of whatever type cannot give rise to provocation-Not-correct Matter, held, depends, amongst any other circumstances, upon particular abuse, incident in which uttered and parties thereto-­[Grave and sudden provocation]. (c) Penal Code (XLV of 1860)- -----S. 302 read with S. 300, Exception I-[Murder-case]-Provocation Age of accused-Accused-appellant according to school certificate a boy 14 years and 9 months old-Certificate proved by school teacher teaching appellant-Assessment as to age of appellant made by lower Court after about 18 months of occurrence in such a wide form as "in the neighborhood of 18 years" allowing further margin to make it consistent with age mentioned in certificate-Accused's class-mates, prosecution witnesses, also giving his age as 14 years at time of. occurrence--No evidence to contrary available on record-Accused having fired at…

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