Law:

Section:

Penal Code (XLV of 1860)----S. 302--Constitution of Pakistan (1973), Art. 185(3)--Sentence--Plea for lesser sentence on ground that petitioner had committed murder to avenge death of his brother not entertained--No evidence having been brought on record to establish that petitioner's brother had lost his life at hands of deceased, no benefit could be availed of and as such no mitigating circumstance existed for lesser punishment--Petition being devoid of merits, dismissed.--[Sentence]. Ajun Shah v. The State P L D 1967 SC 185; Muhammad Aslam v. The State P L D 1985 SC 257 and Manak Sher and others v. The State Criminal Petition for Leave to Appeal No. 138 of 1983 distinguished. ORDER ALI HUSSAIN QAZILBASH, J.-- This petition for leave to appeal has been brought by Mureed Ahmad against the judgment and order, dated 17-5-1983 of a learned Division Bench of the Lahore High Court, whereby his appeal was dismissed and the death sentence imposed upon him confirmed. 2. The occurrence in this case took place on 26-3-1979 at 11-30 a.m., report of which was made by Ghulam Hussain P.W. within half an hour charging the petitioner for the murder of his son Ahmad. The motive given out was that his son was done to death by the petitioners to avenge the death of his brother Qasim. The trial of the petitioner by the learned Sessions Judge, Mianwali, resulted in his conviction under section 302, P.P.C., vide order, dated 16-4-1980 and he was sentenced to death and a fine of Rs.3,000 which on realization was ordered to be paid to the heirs of the deceased as compensation. The appeal filed by the petitioner against his conviction and sentence in the High Court was dismissed through the impugned order. 3. The learned counsel appearing for the petitioner did not challenge the conviction under section 302, P.P.C. on merits but only submitted that since the petitioner had committed the murder of Ahmad deceased to avenge the death of his brother Qasim who was killed by the complainant side sometimes back, therefore, extreme penalty of death, in the…

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