Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan (1973), Art. 185 (3)---Leave to appeal was granted only to examine whether in view of the young age of the accused, he was not entitled to a punishment or sentence other than that of death. (b) Penal Code (XLV of 1860)--S. 302---Sentence, reduction in---Record showed that accused was 21 years and eight months old at the time of occurrence---Trial Court, however, recorded the age of accused by appearance as 16/17 years while recording his statements under Ss. 340 & 342, Cr.P.C.---Benefit of such discrepancy in recording the age of the accused was extended to him and his sentence of death was substituted by imprisonment for life in view of his young age at the time of committing of the offence. Javed Iqbal v. The State 1982 SCMR 447 rel. ORDER SHAFIUR RAHMAN, J.---Leave to appeal was granted to the convict to examine whether "in the circumstances there being no previous enmity, quarrel over petty matter of making noise while seeing a game and 3 early youth of the petitioner," "the extreme sentence of death was appropriate or the alternate". 2. The prosecution case is that the petitioner had gone to see a Badminton match in Robbert Hall, Khanewal alongwith Abdul Jabbar deceased. During the course of the game, there was exchange of hot words and grappling between the appellant and the deceased Abdul Jabbar. The latter slapped and gave fist blows to Sohail Iqbal. Sohail Iqbal tried to lift the chair to strike Abdul Jabbar but the people present there saved him. The appellant was thrown out of the Hall. He went straight to his house about a few furlongs away and came there armed with a gun. He fired a shot at the deceased which struck him on his left shoulder. As a result thereof, the deceased was hit. The deceased was removed to the hospital where he died. The appellant denied his participation in the occurrence and claimed that he has been falsely implicated in the case-on…

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