Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302--Death sentence-­Mitigating circumstance--Petitioner injuring brother of deceased-­Deceased, a hot tempered and irritable person, on coming to know about incident, protesting and rushing towards petitioner--Petitioner being already greatly inflamed due to preceding incident attacked deceased with his hatchet which he was still holding in his hand--Plea raised that in circumstances conduct of deceased could provide mitigating circumstance in adjudicating question of sentence--Leave to appeal granted to consider whether Courts below had taken into consideration all relevant circumstances while awarding sentence of death in this case. (b) Constitution of Pakistan (1973)------Art. 185(3)--Penal Code (XLV of 1860), S. 302--Sentence of death-­Mitigating circumstance--Leave to appeal granted to consider whether Courts below had taken into consideration all relevant circumstances while awarding sentence of death. Khawaja Sultan Ahmad Senior Advocate Supreme court and Muhammad Sharif, Advocate Supreme Court and Rana Maqbool Ahmad, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 26th October, 1986. ORDER NASIM HASAN SHAH, J.--Muhammad Amin, petitioner, caused injuries to Liaqat Ali P.W.11 with his hatchet following a verbal altercation in which abuses were exchanged between the said Liaqat Ali on the one side and Muhammad Amin and his brother Muhammad Yasin (petitioner) on the other. Muhammad Shafi father of Muhammad Amin and his brother Muhammad Yasin intervened and took his sons Muhammad Amin to their Haveli. As they were sitting on the Thara in front of their Haveli the elder brother of Liaqat Ali P.W.1, namely, Muhammad Aslam rushed towards them, on becoming aware of the injuries caused to his brother. He remonstrated with the accused as to why they had attacked and injured Liaqat Ali. Whereupon Muhammad Amin (petitioner) attacked him also and struck him with his hatchet which was still in his hands and killed him. For all this, the learned trial Court convicted Muhammad Amin under section 302 P.P.C. and sentenced him to death…

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