Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1960), 5.302 read with S.300, Exception 4--Murder--Evidence--Appraisal of--High Court Judges found to have correctly appraised evidence and rightly concluded that fatal injuries were caused by accused-petitioner--Petitioner taking undue advantage of unarmed deceased by inflicting knife blows on him--Courts below rightly taking view that offence committed by petitioner fell under S.302, Penal Code--Leave to appeal refused. Ch. Hafeez Ahmad, Advocate and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 12th November, 1975. ORDER ANWARUL HAQ, J.-- The petitioner Khalid Javed was convicted by the learned Sessions Judge, Sialkot, for the murder of one Tanveer Ahmad, and sentenced to death. In appeal, the learned Judges of the High Court maintained his conviction, but reduced the sentence to that of imprisonment for life on the ground that the petitioner was of young age, and there was no element of premeditation on his part. He now seeks special leave to appeal against this order of the High Court. The occurrence took place at 2.30 p.m. on Eid day which fell on the 20th November, 1971. The petitioner and his brother Tariq Javed (who was also tried in this case but acquitted) had gone to the shop of one Abdullah, the elder brother of the deceased Tanveer Ahmad and demanded a glass from the deceased for drinking liquor. The deceased refused to oblige, whereupon Tariq Javed and the deceased grappled with each other. While they were grappling, the petitioner took out a knife from the folds of his Shalwar and inflicted injuries on the chest of the deceased. The deceased was carried to the Allama iqbal Hospital where he made a statement accusing the petitioner of having inflicted the knife injuries. The deceased died seven days later on the 27th of November, 1971. At the trial the prosecution placed reliance on dying statement of the deceased as well as the eye-witness account furnished by Ahsanullah Akbar (P.W.3) and Muhammad Salim (fI.W.4) who were sitting at the shop of Abdullah at the time of the occurrence, and had taken the deceased to the hospital…

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