Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 302,304(I)

Constitution of Pakistan (1973)---Art. 185(3)--Penal Code (XLV of 1860), Ss. 302 & 304(I)--Sentence-­Contention that case fell under S.304(I) and not under S. 302, Penal Code and that petitioner was entitled to lesser sentence--Facts proved on record, however, not shown to constitute an offence under S. 304 (I)--Number and nature of injuries on deceased calling for higher sentence under S. 302--Leave to appeal refused .- ORDER ASLAM RIAZ HUSSAIN, J.-- Mubarak Sarfraz Masih seeks leave to appeal against the judgment of the High Court, dated 17-7-1983 dismissing the petitioner's appeal in a murder case. He was tried for the murder of his first cousin Mst. Saleem Bibi aged 13/14 years, by giving dagger blows. According to the prosecution version Rehmat Masih (complainant) and his wife (father and mother of the deceased girl) went to the railway station to receive their relatives and left the petitioner (a nephew of Rahmat Masih) at home, with the deceased. The only other person left in the house was Mst. Parveen a younger sister of the deceased, aged about 10/12 years. During their absence the accused petitioner sent Mst. Parveen to fetch some ice from the bazar and while she was absent the petitioner attacked Saleem Bibi with a Khanjar and gave her numerous blows, which resulted in her death. Mst. Parveen P.W. 6, returned in time to see the incident. After committing the murder the accused ran out of the house and was seen by Rehmat Masih son of Dippa Masih (P.W. 8) a cousin of the complainant. He tried to apprehend him but the accused threatened to attack him. 2. The motive for the offence is stated to be that the accused suspected Mst. Saleem Bibi of bad character. After his arrest, Khanjar (Exh. PE) was recovered from the accused. His blood-stained shirt and Shalwar (P.1 to P.3) were also removed from his person and taken into custody by the Investigating Officer. The…

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