Law: Penal Code (XLV of 1860)

Section: 302,304

Penal Code (XLV of 1860)--   --Ss.302 304, Part II--Sentence--Conviction of accused under S.302 P.P.C. altered by High Court to that under 5.304, Part II, P.P.C and sentence of death reduced to imprisonment already undergone accused--Reasons recorded by High Court for believing defence version and discussion on that aspect found to be very brief and sketch with no attempt to justify conclusion arrived at to alter finding of Trial Court--Discussion of Trial Court in rejecting the defence found to be equally brief--Matter, held, needed further consideration--Remanding the case to High Court for recording fresh with more detailed reasons, was likely to result further delay--Case considered fit for grant of leave to appeal 1 enable Supreme Court to consider the question itself--Leave to appeal granted to complainant for the purpose. ORDER ASLAM RIAZ HUSSAIN, J.- Sher Mohammad complainant has filed this petition against the judgment of the Lahore High Court dated 18-10-1981 whereby it altered the conviction of Ghulam Muhammad respondent from section 302, PPC to section 304 II, PPC and reduced his sentence from death to imprisonment already undergone by him. 2. The motive for the murder is stated to be that the accused­ respondent suspected Mir Baz (deceased) having illicit connection with his (accused-respondents) wife. 3. According to the prosecution version at 1 P.M. on 18-6-1977 when Mir Baz (deceased) was ploughing his land Ghulam Muhammad accused-respondent came out from a sugarcane crop armed with a hatchet and raising lalkara inflicted two blows on the neck of the deceased. On hearing noise Sher Muhammad (PW.7), Langar Khan (PW.8) and one Shamir came running to the spot but the accused escaped and ran away alongwith the hatchet which was subsequently recovered from him and was found to have been stained with human blood. 4. At the trial the prosecution case was supported by the above­noted two eye-witnesses whose testimony was corroborated by the recovery of the blood-stained hatchet; medical evidence and the evidence of motive. The respondent admitted having killed the deceased and owned up the blood-stained hatchet as his own but gave a different…

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