1980 PLP 167 (SCMR)

Nur Ahmad Khan, Advocate‑on‑Record‑for Respondent No.

1. Date of hearing : 12th May, 1979. KARAM ELAHEE CHAUHAN, J.‑Khan Safdar (hereinafter called the accused) was tried for the murder of Nazir Ahmad, brother of the present petitioner Bashir Ahmad (first informant) and having been found guilty was convicted by the learned Sessions Judge, Hazara, at Abbottabad, by his judgment dated 27‑7‑1977, under section 302/34, P. P. C. and was sentenced to death and a fine of Rs. 2,000 under section 544‑A, Cr. P. C. to be paid to the heirs of the deceased, or in default to 1‑rigorous imprisonment for 1 year.

2. The accused filed an appeal being Criminal Appeal No. 26 of 1977, which was dismissed by a learned Division Bench of the Peshawar High Court, 16‑1‑1978 with this modification that the sentence of death was commuted to imprisonment for life, and sentence in lieu of fine was reduced to 6 months' rigorous imprisonment.

3. The first informant has come up in a petition for special leave to appeal against the same to this Court, with a graver for enhancement of the sentence of the respondent to death, and also for increase in the cash compensation.

4. The facts of the case, so far as the point involved before us is concerned, are few and simple. The accused had a fancy for and some attachment or love towards the deceased, but the same was no6' responded, and rather taking it ill the father of the deceased got the accused expelled from the T.I.P. Colony where he was putting up The High Court held that it was a sudden occurrence where the accused and the deceased met per chance; the accused gave only one blow; there was some exchange of abuses and in the background there was the insult which the accused was harbouring for having been expelled from the aforesaid Colony and that in all these circumstances the maximum penalty of death was not called for. The following passage from para. 10 of the judgment of the High Court is self‑' explanatory and is reproduced below :‑‑ "Para. 10.‑As far the quantum of sentence of the accused appellant is concerned, we think it needs interference by this Court. The accused‑appellant and the deceased are more or less of same age. Front the evidence which has been relied upon by the prosecution one gathers that the accused‑appellant had some amorous attachment with the deceased and this had been going on for quite sometime. The parents of the deceased had resented this affair with the result that the father of the deceased had succeeded in expelling the accused‑appellant from the T.I. P. Colony. The accused appellant must have felt slighted and on the day of occurrence when they confronted each other the accused must have protested and complained to the deceased which led to the exchange of abuses which ultimately resulted in stabbing by the accused. There being only stab injury on the person of the deceased and the accused being of tender age, mitigating circumstances therefore, do exist for reducing the sentence of death to that of imprisonment for life which is hereby done. Since under section 544‑A, Cr. P. C. the maximum imprison ment in default of the payment of fine is six months, therefore, imprisonment of one year in default of the payment of compensation awarded by the learned Sessions Judge is also hereby reduced to six months."

5. The reasons given by the High Court are quite sound and in accordance with the law relevant on the subject in cases of this type and warrant no interference by this Court.

6. The result is that this petition has no merit and is dismissed. Petition dismissed.