Law:

Section:

(a) Penal Code (XLV of 1860)-----S. 302--Constitution of Pakistan (1973), Art. 185(3)--Petitioner convicted under section 302, P.P.C., sentenced to death and fine by Trial Court--Sentence of death reduced to imprisonment for life in appeal--Petitioner admitted occurrence but took plea of self-defence which was not accepted--Supreme Court after review of entire evidence felt satisfied that defence version was an afterthought and upheld conviction--Leave to appeal refused. (b) Penal Code (XLV of 1860)-- ---S. 302--Constitution of Pakistan (1973), Art. 185(3)--Enhancement of sentence--Respondent convicted under section 302, P.P.C.-­Sentence of death awarded by trial Court reduced in appeal to imprisonment of life--Judgment impugned--Supreme Court declined to interfere with discretion exercised by High Court in matter of sentence in view of fact that just prior to occurrence deceased had abused respondent's father and it was not a pre-meditated murder--Leave to appeal refused. JUDGMENT SAAD SAOOD JAN, J.--The petitioner, Abbas Ali, was convicted by the Additional Sessions Judge, Faisalabad of an offence under section 302 of the Pakistan Penal Code for causing the death of Abdul Rehman deceased and was sentenced to death and to pay a fine of Rs.5,000. On appeal and reference the High Court upheld his conviction and the sentence of fine but reduced the sentence of death to imprisonment for life. It also directed that in addition to the fine he should also pay a further amount of Rs.5,000 by way of compensation to the family of the deceased. He has filed a petition through jail (Jail Petition No. 83 of 1982) against his conviction and sentences. Muhammad Tufail, brother of the deceased, has filed a petition (Crl. P.S.L.A. No. 310 of 1982) for the restoration of the sentence of death. This judgment will dispose of both these matters. 2. The deceased and his brother Muhammad Tufail had purchased some land in Chak No. 266/R.B. from one Ghulam Sadiq and his co-sharers. They also entered into an agreement to purchase some more land from the said vendors. The agreement to sell, led to some dispute between the parties. Upon this the deceased and Muhammad Tufail filed a suit…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492