Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302---Sentence---Prayer of accused for grant of lesser sentence was opposed by prosecution contending that it was a case of premeditated murder--­Evidence of prosecution witnesses which inspired confidence was rightly believed by Courts below---Prayer for lesser sentence was made contending that according to eye-witnesses father of accused had raised Lalkara and exhorted his son/accused to kill deceased and that accused had acted under influence of his father which could be treated as mitigating circumstance for lesser sentence--­Sentence of death awarded to accused, was converted into imprisonment for life by Supreme Court with benefit of .S. 382-B, Cr. P.C. in circumstances. (b) Criminal trial------- ----Sentence---Father of accused had raised lalkara and exorted his son/accused to kill deceased, accused thus had acted under influence of his father---Such facts could be treated as mitigating circumstance for lesser sentence---Sentence of death was converted into imprisonment for life with benefit of S. 382-B, Cr.P.C. JUDGMENT RAJA AFRASIAB KHAN, J.---On 20th of December 1995, leave to appeal was granted to the appellant, Nazir Ahmad by this Court with the following order:---- "On 26th of April, 1990 at 10-30 a.m., to begin with, a case under section 307/34, P.P.C. was registered on the statement of Ghulam Muhammad against Nazeer Ahmad, Ghulam Rasool and Iftikhar alias Hanif for causing injuries to Muhammad Hussain which was converted into section 302, P.P.C. on the death of the injured. On 25th of April, 1990 at 6-30 p.m., Ghulam Muhammad and Muhammad Hussain were coming home after purchasing eatables for Aftari. Muhammad Yousaf and Nazir Hussain were also coming with them. When they reached the Chowk of the village, Nazeer Ahmad, Iftikhar Ahmad and Ghulam Rasul while differently armed; all of a sudden, also entered the village with Mst. Naseem Akhtar. Muhammad Hussain had an altercation with Nazeer Ahmad etc. On this mishap, Ghulam Rasul shouted that the complainant party would not be allowed to go alive. Iftikhar Ahmad fired a shot from his carbine which missed. Nazeer Ahmad injured Muhammad Hussain by firing from his…

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