Law:

Section:

Constitution of Pakistan (1973)-----Art. 185 (3)--Penal Code (XLV of 1860), S. 302/377--Sentence, reduction of--Detention in condemned cell for six years--Not a mitigating circumstance--Petitioner convicted and sentenced to death--plea for reduction of sentence on ground of his detention in condemned cell for six years, repelled--Such plea could not be considered as a mitigating circumstance--Petition dismissed.--[Sentence]. ORDER JAVID IQBAL. J.--This is a petition for leave to appeal. The petitioner was convicted under section 302 of the Pakistan Penal Code for the murder of Mohammad Ramzan alias Hira deceased aged 9/10 years studying in 3rd Class and was sentenced to death plus fine. He was also convicted under section 377, P.P.C. for having committed sodomy on the deceased before murdering him and was sentenced to nine years' R.I. plus fine. The trial Court passed its judgment as against him on 4th March, 1980. In appeal the Lahore High Court, Multan Bench maintained the conviction and sentenced awarded to him. The motive for the crime is that the petitioner after committing sodomy murdered the deceased and thereafter threw away his dead body at a distance of about 40/45 Karams away from the place of occurrence in wheat field. The prosecution case is that Hashmat Ali father of the deceased was a cigarette vendor at Khanewal Railway Station during the days of occurrence while his family resided at Sahiwal. He received a message on 6th March, 1979 that his son was missing and he reached home in the early hours of 7th March, 1979. His wife Mst. Hafizan P.W.10 told him that the deceased was playing with his class-mate Rehan Abbas P.W.8 on the previous evening in front of the house but he did not return home even after sunset. Thereupon, she got worried and went out for search for him. She contacted Rehan Abbas P.W. who told her that they both were playing together near their house when the petitioner came there and asked Rehan Abbas P.W. to buy salt for him but he refused saying that he was going home. Then the petitioner asked the deceased for buying salt for rupee one for him. At first the deceased also refused but when the petitioner offered him two 10 paisa…

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