Law:

Section:

Penal Code (XLV of 1860)--S. 302---Sentence---Appraisal of evidence---Ocular account was furnished by eye-witnesses who were the inmates of the house where the occurrence took place and the same was quite natural, consistent and trustworthy and was corroborated by the recovery of blood from the spot, medical evidence and the plea of accused---Seven incised wounds on very vital parts of the body of the deceased had suggested that the accused had dealt with the deceased very brutally and callously on a very petty grievance---Accused was to be punished in proportion to the character and extent of his guilt which should be deterrent for him and for the rest of the society without being unnecessarily harsh or needlessly indulgent---High Court was legally correct in converting the sentence of imprisonment for life of accused into death which was normal penalty for the type of murder perpetrated by him---Appeal was dismissed accordingly. JUDGMENT ABDUR RAHMEN KHAN, J.---Although, initially petition for leave to appeal was filed to impugn the legality of the sentence awarded to the appellant but by order dated 1-3-1995 of the Court the office was directed to treat the petition as an appeal under Article 185(2) of the Constitution because the High Court while accepting the revision for enhancement converted the sentence of life imprisonment imposed upon the appellant by the trial Judge, into death. 2. The learned trial Judge through his judgment dated 22-7-1990 found the appellant and his brother Maqbool Ahmad guilty of the murder of Lal Din and on conviction under section 302/34, P.P.C. sentenced each of them to life imprisonment and a fine of Rs.10,000 or in default to undergo further two years' R.I. In case of recovery of fine half of it was ordered to be given to the legal heirs of the deceased. Both the convicts filed appeal in the High Court and the complainant also preferred revision for enhancement of the sentence. The learned Division Bench of the High Court by the impugned judgment dated 23-11-1993 accepted the appeal of Maqbool Ahmad and acquitted him and not only the appeal of the present appellant was dismissed but the revision petition for enhancement…

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