Law:

Section:

(a) Penal Code (XLV of 1860)--S.302 --- Constitution of Pakistan (1973), Art. 185 (3) --- Leave to appeal was granted to accused by Supreme Court to consider whether on the evidence produced on record, death sentence awarded to him could be confirmed. (b) Penal Code (XLV of 1860)--- ---- S.302 --- Sentence --- Mitigating circumstance --- Occurrence was the result of a beating given to the accused by the deceased over the utilization of pond water which was considered as a mitigating circumstance for withholding the penalty of death --- Sentence of death of accused was altered to imprisonment for life accordingly. Abdul Khaliq v. The State 1989 SCMR 2002 ref. JUDGMIENT SH. IJAZ NISAR, J.---This appeal by the l6ve of Court is directed against the judgment of the Lahore High Court, Lahod dated 5-7-1993, passed in Criminal Appeal No.905/1990 and Murder Reference No.24/1991. 2. The facts, in brief, are that Muhammad Akram appellant alongwith his brothers Muhammad Ashraf and Muhammad Aslain was tried for the murder of Muhammad Arshad deceased with a dagger committed on 18-5-1988 at 9-15 a.m. near a mosque in the area of Police Station Samundari, District Faisalabad. 3. According to the prosecution story, two days prior to the occurrence, the accused were irrigating their land and wanted to take the share of Chappar water also, which was objected to by Muhammad Arshad deceased, resulting in an altercation between them. The deceased felled the appellant on the ground and caused fist blows to him. They were separated by Muhammad Ali Lambardar. On the day of occurrence the deceased, Shaukat Ali P.W.3, Muhammad Rafiq PWA and Lakhan P.W.5 were coming out of the Mosque after offering Eid prayers and had hardly covered a few steps when the accused surprised him. Muhammad Aslam accused (since acquitted) raised ^ a Lalkara, whereafter Muhammad Ashraf caught hold of the deceased while Muhammad Akram appellant inflicted dagger blows on him resulting in his instantaneous death. 4. During investigation the appellant led to the recovery of blood-stained daggar P. 1 from his house. His blood-stained clothes were also recovered. At the trial, - the appellant and his companions…

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