Law: Penal Code (XLV of 1860)

Section: 302,307,326

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--   ---Ss.302, 307 326--Constitution of Pakistan (1973), Art.185(3)-­Leave to appeal, grant of--Safe administration of criminal justice-­Sentence--Reduction in--Mitigating circumstance--Alteration of conviction and reduction in sentence, challenged-- Premeditated attack with intention to murder--Accused taking undue advantage and acting cruelly while inflicting injuries to empty-handed deceased--Mitigating circumstance not legally available--Leave to appeal granted to consider question of sentence whether reasons given in support of the mitigating circumstance were proper and cogent in accordance with the well­-established principles of safe administration of criminal justice. ORDER JAVID IQBAL, J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court, Lahore whereby the conviction of Zulfiqar Ali respondent under section 302, P.P.C. was maintained but his sentence was altered from death to that of imprisonment for life. Furthermore his conviction under section 307, P.P.C. was altered to one under section 326, P.P.C. and the sentence of ten years R.I. was reduced to seven years R.I. The sentences of fine were however maintained. Briefly the facts are that the respondent alongwith another Muhammad Ashiq was charged for offences under sections 302/307/34, P.P.C. and the trial Court acquitted Muhammad Ashiq co-accused but convicted the present respondent under section 302, P.P.C. sentencing him to death plus fine. It also convicted him under section 307, P.P.C. and sentenced him to ten years R.I. plus fine. On appeal the Lahore High Court, Lahore altered the conviction and sentence as stated above of the respondent. The deceased in this case is Ataullah and the injured person is Abdur Rashid petitioner. Another person was also injured namely Muhammad Hafiz but he had not been produced. The motive for the crime as set up by the prosecution is that six days before the present occurrence Abdur Rashid petitioner in the company of Ataullah deceased went to Mohallah Dhullay to see some relative. The respondent objected to their visit in the Mohallah and thus a scuffle took place between them in the…

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