Law: Penal Code (XLV of 1860)

Section: 302,304

Penal Code (XLV of 1860)--   --Ss.302 304, Part I--Trial Court convicting accused under 5.302, P. P. C . and sentencing him to death but High Court, on appeal, altering conviction and sentence to that under 5.304, Part I, P. P. C.-­Contention that since the respondent was carrying a Chhuri, which he was not expected to carry, therefore, murder was premeditated-­Fact that another view of appraisal of evidence might be possible, held, would not be a good ground for interference--No case was made out for grant of leave to appeal against alteration of conviction and sentence--Petition dismissed.   ORDER JAVID IQBAL, J.--This petition for leave to appeal has been filed by Ghulam Mustafa petitioner and is directed against the judgment of the Lahore High Court, Lahore dated 20th November, 1983 whereby the convictions as well as sentence awarded to Rashid Javid respondent were altered: The background is that Arshad Javid respondent alongwith three others was tried under section 302/34, P.P.C. for the murder of Muhammad Asif but the trial Court vide its judgment dated 5 May 1981 only sentenced Arshad Javid respondent to death plus fine under section 302, P.P.C. whereas it acquitted the co-accused. On appeal by Arshad Javid convict before the High Court his conviction was altered to section 304, Part I, P.P.C. and sentence was altered from death to ten years R.I. plus fine. The deceased in this case as stated is Muhammad Asif. The occurrence took place at 2-30 p.m. on 25 July, 1980 in Hakim Sharif Street, Daska. Ghulam Mustafa petitioner lodged F.I.R. and he is maternal-uncle of the deceased. Arshad Javid respondent was arrested on 28 July, 1980 and at his instance was recovered human blood-stained Chhuri. The recovery has been relied upon. There are three eye-witnesses of the occurrence namely Ghulam Mustafa (petitioner) and Ghulam Murtaza both maternal-uncles of the deceased as well as Umar Din. The motive is that the present occurrence took place due to a fight between children. The prosecution version is that sister of the present petitioner namely Mst. Safia Begum had an adopted son called Shahid, who picked up a quarrel with Afzal son of Sabir and this…

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