Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860)-   ---S.302--Trial Court convicting accused under S .302, P . P . C . and sentencing him to death but High Court, on appeal, while maintaining conviction, reducing death sentence to that of life imprisonment-­Contention raised that High Court had altered accuseds sentence merely on conjecture that deceased must have said something to accused which enraged him and said conversation could not have been heard by eye-witnesses and that there was nothing on record for drawing such conclusion--Leave to appeal granted to consider whether reason given by High Court for awarding lesser penalty to accused was sustainable in the light of evidence on record. ORDER JAVID IQBAL, J.--This petition for leave to appeal has been filed by Muhammad Akram complainant-petitioner and is directed against the judgment of the Lahore High Court, Lahore dated 23rd April, 1984 whereby while maintaining the conviction of Muhammad Jan respondent under section 302, P.P.C., his sentence was reduced from death to that of life imprisonment. Briefly the facts are that Muhammad Jan respondent was tried on a charge under section 302, P.P.C. for the murder of Irfan Ilahi his ca-villager and vide judgment dated 18 June, 1981 of the Sessions Judge, Sialkot he was convicted under section 302, P.P.C. and sentenced to death plus fine. The prosecution case is that Muhammad Akram petitioner had a cloth shop in Main Bazar Zafarwal. On 14th August, 1980 Muhammad Jan respondent purchased cloth from the deceased who is son of Muhammad Akram petitioner. As he did not cut the cloth in a straight line, there was shortage of cloth. When Muhammad Jan respondent discovered the fault he came back to the shop and there took place an altercation between the two of them. However, the matter was patched up when Muhammad Akram petitioner alongwith others separated them and gave him one rupee as compensation. But Muhammad Jan respondent is said to have left with a threat to avenge the insult. The prosecution story further is that on the following day Muhammad Jan respondent appeared while the deceased was proceeding alongwith his father and two other eye-witnesses…

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