Law:

Section:

Penal Code (XLV of 1860), S. 302-Murder-Sentence-Mitigation-Motive even if non-existing-Not a mitigating circumstance for showing leniency in matter of awarding sentence. A murder which may apparently appear to be motiveless may not be without a motive as it is not easy to discover the same which may be lying hidden in the mind of the murderer. But, even if a murder is committed without a motive, it does not get invested with any virtue to merit a leniency in the sentence. Zahoor-ul-Haq, Advocate Supreme Court instructed by M. Qasim Imam, Attorney for Petitioner. Nemo for the State. Date of hearing : 15th November 1969. JUDGMENT SAJJAD AHMAD, J.-Petitioner Sarfaraz has been found guilty of the murder of Taj Muhammad, deceased, and sentenced to death by the Additional Sessions Judge, Peshawar. His conviction and sentence have been confirmed by the High Court of West Pakistan, Peshawar Bench. The murder took place at noon time on the 9th of August 1967, According to the prosecution case, the deceased was at the time lying on a cot in the shop of P. W. Ali Muhammad, black­smith, where the other P. Ws., namely, Saaduddin, Nur Akbar and Muhammad Yousuf, were also present listening to a Transistor Radio. The petitioner came there armed with a tamancha and fired a shot at the deceased, injuring him fatally on the head and then fled away. The occurrence was reported at the Police Station Tangi by P. W. Muhammad, father of the deceased, at 2 p.m. wherein he charged the petitioner for the murder, but stated that there was no enmity between him and the deceased prior to the occurrence. However, at the trial, Muhammad, aforesaid, and P. W. Mahmood, disclosed that a month…

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