Law:

Section:

(a) Constitution of Pakistan (1973)------- Art. 185 (3)-Penal Code (XLV of 1860), S. 302-Leave to appeal granted to accused, a convict under S. 302, P. P. C. (three counts) and sentenced to death on each count "to examine whether on material on record accused was not himself the victim of aggression of a nature and description which could act as mitigation in matter of sentence at least". (b) Penal Code (XLV of 1860)- --- Ss. 302, 104 & 425-Murder-Sentence-Deceased constructing a wall so as to entail of access of exit from portion occupied by accused, held, amounted to mischief as defined in S. 425, P. P. C.-Such cons­truction was directed towards affecting such a charge m joint property as to diminish its value and utility for accused-Accused's protest, against con.5truction of such a wall, has had said consequences in view and his protests were not heeded-There were exchange of abuses, throwing of clods of earth on accused, clods were collected for raising wall in dispute-Both such events namely commission of mischief with regard to property and throwing of clods affecting person of accused, held further, gave a right to accused to use force short of causing death-No background of ill-will, element of premeditation or planning, malice aforethought, being present, extreme punishment of death was not called for in circumstances-Supreme Court while maintaining conviction of accused under S. 302, P. P. C. (three counts) converted sentence of death into one of life imprisonment on all three counts-Accused also extended benefit of S. 382, Cr. P. C. and sentences of life imprisonment on three counts were ordered to run concur­rently. [Sentence]. Talib H. Rizvi, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for Appellant. Rao M. Yousuf, Advocate Supreme Court and Ijaz All Sheikh (absent), Advocate-on-Record for the State. Date of hearing: 20th May, 1984. JUDGMENT SHAFIUR RAHMAN, J.-Leave to appeal was granted to the appellant, convict under section 302, P. P. C. (three counts) and sentenced to death on each count "to examine whether on the material on record he was not himself the victim of aggression of a nature and description which could…

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