Mitigation

Contention of accused that under a conspiracy a false case was concocted against him by Influential persons, finding no support from record

Deceased brutally murdered in an unprovoked attack

No mitigating circumstances having been found, such cruel act of accused, held, did not merit any leniency in sentence.-[Sentence).

S. 302/34-Murder-Sentence - Mitigation - Motive set up by prosecution not proved and real cause of occurrence remaining shrouded in mystery-Conviction of accused persons under S. 302/34, P. P. C. maintained but sentence of death altered to imprisonment or life.-[Sentence].

S. 302-Murder-Mitigation of offence-Brother of accused murdered some years back and deceased and others charged for offence Deceased however acquitted-Deceased, according to prosecution case suspected by accused appellant of having had a hand in murder of his brother-Accused appellant 25 years of age at time of commission of offence and 8 years old at time of murder of his brother-Reasons for lesser penalty as given in Ajun Shah's case (P L D 1980 S C 109) held, applicable in case in hand-Death sentence commuted to life imprisonment in circumstances but fine increased and ordered to be paid to deceased's heir if realized -[Sentence].

S. 302-Murder-Sentence-Mitigation - Motive as alleged such. as could result in commission of murder-No suggestion made to eyewitnesses during trial as to anything else having happened before occurrence which could give rise to such circumstance as would entitle petitioner accused to lesser sentence for murder committed by him-Petitioner, held, not entitled to lesser sentence in circumstances. [Sentence].

S. 302-[ Murder-case] - Sentence - Mitigation - Mere fact of accused having finished his victim with only one shot, held, cannot be considered to be a mitigating circumstance for purpose of reduction of sentence: [Sentence].

S. 302-Sentence-Mitigation - Contention that accused being an old person of 70 years at time of commission of crime entitled to benefit of lesser penalty of life imprisonment instead of death Appreciation of prosecution evidence by Courts below, being in full accord with established principles of law and case being one of cruel double murder over trivial dispute, held, called for no mercy under law-Death sentence, confirmed.-

S. 302-[Murder-case]-Sentence-Mitigation-Petitioner at time of commission of offence of murder 20 years old pursuing his independent life, and not under influence of his father-Petitioner taking life of deceased in cold blood on a very petty matter, held, not entitled to any leniency.-[Sentence].

private defence, right of-Sentence Mitigation-Increase of violence in country-A relevant circumstance-Other considerations, whether accused acted in brutal or callous manner or he was responsible for provocation leading to scuffle much more important-Sentence of transportation for life not justified should answers to such questions be in negative-Prosecution witnesses found not reliable and accused convicted on basis of his statement admitting to Lave killed deceased in his right of self-defence, answers to such questions to be gathered only from such statement Accused inflicting a solitary blow and medical evidence also showing infliction of only one stab' wound, accused, held, did not act in brutal or callous manner-Accused stating to have picked up a knife only after he was beaten by deceased, choice of weapon fortuitous a Quarrel also not of accused's own seeking-

S. 302/34 - Sentence - Mitigation - No background of enmity between deceased and accused prior to occurrence - Motive of offence Deceased having dishonored brother of wife of accused sentenced to death-Words used in F.I.R Words in ordinary parlance in N.-W. F. P. meaning "debagging a person" or "having carnal intercourse with a man"-Deceased having called for incident resulting in loss of his life by resorting to such sordid act, offence, though amounting to minder, yet extreme penalty of death not appropriate

Mitigating circumstance existing, sentence of death reduced to imprisonment for life.-[Sentence].

Ss. 299 & 307-[Murder-case]-Culpable homicide-Victim though suffering from tuberculosis in advanced stage yet not dying on that account-Death accelerated by injury caused to deceased by accused with a clasp knife with blade 41" long, 3/4", wide and measuring alongwith handle-Blow given in region of heart with great force coagulating blood in right side of heart-Intention to kill, held, quite manifest from weapon used, locale of injury, and force with which blow struck and appellant at any rate knew a blow with knife in region of heart to be likely to cause death-Doctor's opinion that patient would have died in a month even if not injured in such incident and alternatively would have survived if not Suffering from tuberculosis, held, could not take offence out of ambit of S. 299.

[Culpable homicide].

Ss. 302 & 307-[Murder-case]-Sentence - Mitigation - Accused appellant though first sentenced by Sessions Court about 4 years 441tl earlier and accused since kept in condemned cell yet considering number of cases coming before superior Courts, taken in finalisation of case, held, cannot be regarded extraordinary or inordinate or such as to justify imposition of lesser penalty on considerations of humanity or expectation of life-Accused appellant having clearly acted in cruel and wanton manner in murdering two persons in cold blood, no extenuating circumstances, held, existed in his favour.

S. 302-Conviction-SentenceMitigation-Fact that more than 41 years elapsed in disposal of appeals filed by convict-Not a mitigating circumstance-Commutation of sentence cannot be recommended by Court.

Murder-Sentence-Mitigation-Delay in disposal of appeal Now a normal feature in administration of criminal justice No ground for reduction of sentence-Appellant may petition to Government under S. 401, Cr. P. C. in such circumstance.

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.

S. 302-Murder-SentenceMitigation-Defence to establish circumstances for purpose of mitigation yet Court also duty bound to consider matter particularly where alternative punishment is death-Person said to be somewhat. "off his head" and possibility that he suffered from manic depressive insanity-Murder committed by him of a young girl (his own. relative) without any apparent motive-Provincial Government, in such circumstances, has ample authority to commute sentence Copy of judgment ordered to be sent without delay to Provincial Government for such action as it may deem fit to take.

-Mitigation-Ground-Youth of offender (18 years at time of commission of offence) coupled with time spent in trial and having been wounded by deceased on previous day.