Law:

Section:

Penal Code (XLV of 1860)-----S.302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal--­Prosecution case itself was that accused had killed deceased under instigation of his father and brother---No enmity was found between deceased and accused--­Talk between deceased and accused leading to occurrence, as Observed by High Court, was not disclosed in ocular evidence---Accused on the other hand had pleaded that deceased had called him a catamite and also attacked his sister's character---Such were indeed mitigating circumstances for not imposing capital sentence on accused---No basis was made out for interfering with discretion exercised by High Court in matter of sentence---Leave to appeal was refused in circumstances.---[Sentence]. ORDER SAAD SAOOD JAN, J.--The respondent was convicted by the Sessions Judge at Bahawalnagar of an offence under section 302, Pakistan Penal Code, and was sentenced to death and to pay a fine of Rs.5,000, for causing the death of his cousin, Dildar Hussain, deceased. On appeal and reference, the High Court maintained his conviction but reduced the sentence of death to imprisonment for life. The father of the deceased seeks leave to appeal against the reduction of the sentence of the respondent. 2. The father of the respondent was married to the sister of the petitioner and by way of exchange the sister of the respondent's father was married to the petitioner. On the morning of the day of occurrence, that is, 13-3-1984 the father of the respondent together with his two sons, including the respondent, visited the house of the petitioner with a proposal that his two sons should be married to the two sisters of the deceased and by way of Watta the two sisters of the respondent should be married to the sons of the petitioner. This proposal was not acceptable to the petitioner. The discussions went on till about 1-00 p.m. when the petitioner sent the deceased to the Dera of a local respectable, Muhammad Bakhsh (P.W.7) to fetch him. Shortly, thereafter the respondent left the house of the deceased. As the deceased was sitting at the Dera of Muhammad Bakhsh (PW.7) the respondent arrived there and struck six or seven knife blows…

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