Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art.185(3)---Accused had not denied his responsibility for causing the death of the deceased---Main question for consideration was whether he had killed the deceased by firing thinking him as a trespasser in his hourâ-ž as described by him or if, as alleged by the prosecution, he had fired at the deceased when the latter was passing through the village Chowk---Dead body of the deceased was found by the Investigating Officer inside the house of the accused---Absence of dragging marks on the dead body had supported the defence version and if the deceased was in fact killed inside the accused's house his conviction under S. 302, P.P.C. would become unsupportable ---Leave to appeal was granted to the accused in circumstances. (b) Penal Code (XLV or 1860).----- ----S. 302---Constitution of Pakistan (1973), Art. 185(3)---Sentence, enhancement of---Deceased, according to the case of prosecution itself, had seduced the sister of the accused---Such being the motive for the occurrence, it was not a fit case where the sentence of death should have been imposed--­Leave to appeal was refused to the complainant party. ORDER SAAD SAOOD JAN, J.---These are two petitions for special leave to appeal from the judgment dated 28-7-1591 of the Lahore High Court. 2. Imtiaz, petitioner in Cr. P. 344-L of 1991, was convicted by the Additional Sessions Judge, Faisalabad, on the charge under section 302, Pakistan Penal Code, for causing the death of Muhammad Hussain, deceased, and was sentenced to death and payment of fine as well as compensation. Alongwith him his brother, Muhammad Sher and father, Masoon alias Massu, were also tried on a charge under section 201, Pakistan Penal Code. They were acquitted. On appeal and reference the High Court maintained the conviction of the petitioner but reduced the sentence of death to imprisonment for life. He seeks leave to appeal from his conviction and sentence. 3. The complainant party has also filed a petition seeking restoration of the sentence of death imposed upon him by the trial Court. 4. The occurrence took place on 6-9-1987 at 8-00 a.m. Four or five years earlier…

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