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(a) Special Leave to Appeal to Supreme Court---Granted to consider propriety of sentence of death-Constitution of Pakistan (1956), Art. 160. (b) Sentence---(Murder)-Deceased, innocent stranger, merely asking accused to "close knife" and' stop chasing his intended victim-Attack on deceased unpremeditated (single fatal injury in abdomen with knife)-Sentence of death not open to exception (S. A. Rahman and Fazle-Akbar, JJ., Cornelius, C. J. contra being of view that though offence was murder, the fact that accused was "fully aroused" by previous quarrel, coupled with "excitement of chase" and "interference" by deceased, which "accused thought unjustified", lesser sentence, supplemented by fine, to be made over to deceased's relatives, might have met the requirements of case)-Criminal Procedure Code (V of 1898), S. 367 (5)-Trial Court's duty to state reasons for not imposing death penalty where prescribed-Provision not applicable to criminal appellate Courts, though, as part of their functions, such Courts are obliged to give reasons when they alter a sentence imposed in compliance with law by original Court-Penal Code (XLV of 1860), S. 302­ [Jawed Iqbal v. The State Criminal Appeal No. 105 of 1962 distinguished (Judgment of S. A. Rahman, J.), Abdur Rahim v. The State P L D 1960 S C 401 ref. (Judgment of Cornelius, C. J.)]. JUDGMENT S. A. RAHMAN, J.-This appeal was admitted to consider the question of the propriety of the death sentence awarded to the appellant Dost Muhammad, for murder. The relevant facts are these. Umar, a brother of the appellant, runs a hotel in Karachi at which Abdul Samad, P. W. 1, was employed as a servant. On the 31st of May 1961, Umar left his hotel leaving Abdul Samad in charge of the counter. He, however, gave him instruction that if his brother, the appellant, came and demanded money, his demand should not be complied with. At about 8-30p.m, the appellant came to the hotel and finding Abdul Samad in charge of the hotel, he asked him to give him some money. Abdul Samad told him to wait till his brother's return his was reserved by Dost Muhammad who pulled away Abdul Samad from the counter and slapped him. At the same time, he brought out…

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