Law:

Section:

(a) Penal Code (XLV of 1860)-----Ss. 300 & 304, Part I--Constitution of Pakistan (1973), Art. 185 (3)--Leave to appeal granted to examine question whether accused's case was covered by any Exception to S. 300, P.P.C. and that the alteration of conviction to S. 304, Part I, P.P.C. was illegal; and that no sentence of imprisonment in lieu of the enhanced amount of fine was awarded. (b) Penal Code (XLV of 1860)-- ---Ss. 302 & 300, Exceptions--- Appreciation of evidence--No motive of crime given--Deceased was attacked without preliminary altercation or any other reason--Premeditated attack by accused--Accused was fully armed with Chhuri concealed in his Dab; waylaid the deceased; type of weapon used; nature of injury caused and the force with which it was caused pointed out that it was an outright case of intentional murder--Act of accused, therefore, clearly fell within the purview of S. 302, P.P.C. and none of Exceptions to S. 300, P.P.C. would apply--Fact that no motive was given for the crime was immaterial in circumstances, what was worth consideration was that the deceased was attacked without preliminary altercation or any other reason. JUDGMENT MIAN BURHANUDDIN KHAN, J.-- This appeal is by special leave granted by this Court per order dated 6-5-1980 to examine the question whether the accused /respondent's case is covered by any exception to section 300 P.P.C. and that alteration of conviction to section 304 Part I P.P.C. was illegal; and that no sentence of imprisonment in lieu of the enhanced amount of fine was awarded. 2. Accused/ respondent No. 1, Abdul Nasir was tried by the learned Additional Sessions Judge Attock under section 302 P.P.C. for committing the murder of Muhammad Sabir, a student of 9th Class in the Cantonment Public High School, Attock. The accused was his class-mate. Muhammad Javed P.W.10 an eye witness, was also a student of the 4th Class in the same School and he lived a few yards away from the house of the deceased in the City. According to the prosecution story, after the school closed at about 2 p.m. Muhammad Javed P.W.10 and the deceased were returning home. It is stated that when the deceased reached in front of the gate…

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