Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)-Penal Code (XLV of 1860), S. 302--Sentence--Leave to appeal granted to consider only question of sentence as it .was argued that accused had acted under influence of his father while committing offence of murders.--[Sentence]. (b) Penal Code (XLV of 1860)-----S. 302--Sentence--Reduction of--Influence of elders-Mitigating circumstance--Plea of exchange of abuses between father of accused and two deceased brothers over formers mare having been left in field of deceased resulting in destruction of crop, held, would- not be a mitigating circumstance for imposition of lesser sentence as deceased were aggrieved persons--Accused being aged 30 years could not for that reason be regarded to have acted under influence of his father-­Evidence not indicating that accused had acted at instigation or behest of his father--Application of principle of influence of elders confined only to offenders of impressionable ages living under influence of their elders. Sher Hassan v. The State P L D 1959 S C 480 and Mst. Hayat Bibi v. Muhammad Khan and 2 others 1976 SCMR 128 distinguished. M.B. Zaman, Advocate Supreme Court with Mahmood A. Qureshi, Advocate-on-Record (absent) for Appellant. Ghulam Ahmad, Advocate Supreme Court with S. Abid Nawaz, Advocate-on-Record (absent) for the State. Date of hearing: 7th December, 1985. `JUDGMENT MUHAMMAD HALEEM, C.J.--Leave was granted to consider only the question of sentence as it was argued that Mansha had acted under the influence of his father while committing the offence of murders. Appellant Mansha was awarded death sentence on two counts alongwith others namely, Shahu, Muhammad Nawaz, Ahmad and Inayat for the murders of Shera and Dosa by the Sessions Judge, Gujranwala by his judgment, dated 25th of April, 1978. On appeal and reference the High Court acquitted Shahu and reduced the sentences of Muhammad Nawaz and Inayat to imprisonment for life. However, it found no mitigating circumstances in the case of Mansha as the Barchhi blows given by him to the two deceased proved fatal. The learned counsel for the appellant adds another ground as a mitigating circumstance namely that according to…

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