Law:

Section:

Penal Code (XLV of 1860)--Ss. 302 & 300, Exception 1---Constitution of Pakistan (1973), Art.185(3)--­Death sentence confirmed by High Court had already stood converted into life imprisonment on account of grant of general amnesty--- Altercations had taken place over trivial matters---Killing of a child aged. 8 years, even if he had used abusive language, in such background would not bring the act of accused within one of the Exceptions of S.300, P.P.C. sought to be invoked by him---Prosecution case which was supported by medical evidence was justifiably found fully made out by the Courts below calling for no interference---Leave to appeal was consequently refused. JUDGMENT SHAFIUR RAHMAN, J: --Abdul Shakoor a convict under section 302, P.P.C. and sentenced to death, seeks leave to appeal against the judgment of the Lahore High Court, Lahore dated 26th of January, 1988 whereby his appeal against conviction and sentence was dismissed and the sentence of death was confirmed. 2. The petitioner alongwith his brother Noor and father Abdul Ghani was sent up for trial for causing the death of Naveed Mujtaba (aged 8 years) son of Zahoor Ahmad (P.W-6) on 14th of August, 1983, at 8.30 a.m. The prosecution case set out at the trial was that an altercation had taken place at 6.00 a.m. between Abdul Ghani and Zahoor Ahmad over the cattle trespassing into the field of Abdul Ghani followed by another altercation when Mst. Rashida, daughter of Abdul Ghani wanted to pass through the land of Zahoor and she was denied passage from there. Soon thereafter when Zahoor was on his way to mosque with his son Naveed Mujtaba to have a bath there, the petitioner alongwith his brother Noor, at the instigation of their father Abdul Ghani, came there and started abusing him. Zahoor made good his escape. Noor caught hold of Naveed Mujtaba and asked the petitioner to kill him. The petitioner gave four hatchet blows to him causing his death. 3. The petitioner made the following statement to explain the case against him:-- "I am innocent. On the date of occurrence, Zahoor P.W. outraged the modesty of my sister when she was passing through fare while going with my meal to our fields. Said…

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