Law:

Section:

(a) Penal Code (XLV of 1860)-- ---Ss. 302 & 307/34--Constitution of Pakistan (1973), Art. 185(3)--Petition against conviction--Prosecution based upon ocular testimony of eye-witnesses one of whom suffered injuries in occurrence--No reason shown for false implication--Petitioner awarded capital sentence admitting his participation in occurrence and other accused given benefit of lesser sentence--Defence version highly improbable--Leave to appeal refused. (b) Penal Code (XLV of 1860)- ---S. 302--Constitution of Pakistan (1973), Art. 185(3)--Death sentence--Youth, a mitigating circumstance--Petitioner convicted under S. 302, P.P.C. and sentenced to death--Age of accused being 14 years at time of occurrence, leave to appeal granted to consider whether in view of youth of petitioner it was a fit case where death penalty should have been awarded to him.--[Age-Sentence) JUDGMENT SAAD SAOOD JAN, J.-- Ashiq Hussain and Talib Hussain, petitioners in this petition for special leave to appeal were convicted by the Additional Sessions Judge, Gujrat of offences falling under sections 302 and 307, read with section 34 of the Pakistan Penal Code for causing the death of Muhammad Khan and Muhammad Ashraf and making murderous assault upon Rehmat Khan. For the offences under section 302, Ashiq Hussain was sentenced to death while Talib Hussain was sentenced to suffer imprisonment for life, on two counts separately. For the offence under section 307, Ashiq Hussain was sentenced to suffer rigorous imprisonment for a period of four years. For the same offence Talib Hussain was sentenced to suffer rigorous imprisonment for a period of seven years. In addition, both petitioners were also asked to pay fines. On appeal and reference the High Court maintained the convictions and sentences of the petitioners and confirmed the sentences of death awarded to Ashiq Hussain. It may be mentioned that together with the petitioners one Rashid Ahmad was also tried on the same charges but he was acquitted by the learned Additional Sessions Judge. The petitioners seek leave to appeal from their convictions and sentences. 2, The occurrence took place on 24-8-1979 at 7-15 p. m. in the month of…

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