' ALI NAWAZ CHOWHAN, J.---Muhammad Usman appellant in Criminal Appeal No,186 of 2000 was convicted under section 302(b), P.P.C. By the learned Additional Sessions Judge, Rawalpindi vide judgment dated 20-4-2000 in case F.I.R. No,687 dated 23-11-1998 registered at Police Station Ganjmandi, Rawalpindi and sentenced to death with direction to pay compensation of Rs,1,00,000 to the legal heirs of the deceased under section 544-A, Cr.P.C. Or in lieu thereof to undergo six months' S.1. The learned trial Court has sent Murder Reference No,363 of 2000 for confirmation of death sentence. The complainant has also filed Criminal Revision No,61 of 2000 for enhancement of the compensation. All these matters are being disposed of through this single judgment.
2. Hazar Khan complainant while making his deposition in Court as P.W.4 narrated the prosecution case as under:-- "On 23-11-1998 at about 2-00 p.m.
' I and my cousin Muhammad Arshad were preparing feed for buffaloes my young brother Qasim was sitting on the cot, in the meantime, Muhammad Usman accused present in the Court came over there and abused my younger brother deceased Qasim Khan saying that he would teach lesson of yesterday's excess and both of them altercated with each other. We tried to intervene.
The accused took out Churri from his dub and gave blow of the same on the person of the deceased Qasim Khan hitting him at his abdomen near the naval. We tried to catch hold of the accused but he fled away from the spot. After sustaining injuries the deceased requested us to take him to hospital as he was feeling excessive pain. At about 2-30 p.m. We took the deceased to the hospital and as we arrived there the police also reached there in the hospital. The police interrogated me and we came back to the place of occurrence leaving behind a person in hospital to attend the injured. Thereafter a policeman came at the place of occurrence from the hospital that the injured is in serious condition. Qasim Khan succumbed to the injuries at about 7-00 p.m.
On 23-11-1998."
' The motive part of the story was narrated by him as under:-- "Motive for the occurrence was that on 22-11-1998 an abusing was exchanged between the accused and the deceased and due to the said reason the accused injured the deceased."
Muhammad Arshad P.W.5 corroborated the statement of the complainant.
3. Dr. Muhammad Shafiq P.W.10 medically examined Qasim and found the following injuries on his person:- "Stab wound measuring 2 x 1 c.m. Depth was not proved lying transversally just above umbilicus."
' The injury was kept under observation. Duration of injury was within one hour. Weapon used was of a sharp-edged. Exh.PF in the MLR.
4. Dr. Muhammad Sohail P.W.11 later conducted post-mortem examination on the dead body of Qasim Khan deceased and found the following injuries on his person:--
1. Incised wound measuring 2 c.m. x 1 c.m. In the abdominal area 2 c.m. Above the umbilicus.
2. Stitched wound measuring 29 c.m. From the epigeastriun to the pubic region. Laparotomy incision mark.
' According to the doctor death in this case occurred due to Injury No,1 which was sufficient to cause death in the ordinary course of nature. Exh.PG is the postmortem report.
5. Asif Ali Shah, H.C. P.W.1 deposed about the safe custody of sealed parcels containing blood- stained earth and Churri in the Malkhana of the police station. Muhammad Akbar, S.-I. P.W.2 recorded formal F.I.R. Exh.PA/1 on the basis of complaint Exh.PA. Muhammad Akram draftsman P.W.3 prepared site plans Exh.PB and Exh.PB/1. Fazal ur Rehman P.W.6 is the witness of recovery of bloodstained earth from the spot vide memo. Exh.PC. Mal Afsar Khan P.W.7 is the witness of recovery of Churn P.1 on the pointation of Muhammad Usman accused vide memo. Exh.PD Khalid Mehmood P.W.8 produced last-worn clothes of the deceased before the Investigating Officer which he took into his possession vide memo. Exh.PE. Ghulam Abbas constable P.W.9 transmitted the sealed parcel containing Churri to the office of Chemical Examiner Lahore. Shafaqat Ali constable P.W.12 transmitted the sealed parcel said to contain blood-stained earth to the office of Chemical Examiner Lahore. Umar Hayat, S.-I. P.W.13, on receipt of the information of the occurrence reached DHQ Hospital Rawalpindi, recorded statement of the complainant Exh.PA, prepared injury statement Exh.PH, visited the place of occurrence and prepared site-plan. On being informed that the injured has expired he prepared inquest report Exh.PG/3 and arrested the accused. After formal investigation of the case submitted the challan. Exh.P1 is report of Chemical Examiner and Exh.PI/1 is the report of Serologist pertaining to earth and Exh.PJ and Exh.PJ/1 are the reports of Chemical Examiner and Serologist about the Churri.
6. The accused was examined under section 342, Cr.P.C. Who denied the allegations and took the plea that prior to the fateful day a quarrel took place between him and the deceased which was a simple matter and was over then. Next day at about 1-00 p.m. While he was on his way to his aunt's house he was taken by the P.W. Arshad Khan and deceased Qasim Khan to their Dera where P.W.
Hazar Khan was already present. They started beating him. He put up resistance during the course of scuffling. Arshad Khan tried to land a blow at him. But as Qasim Khan was holding him, the same landed on Qasim Khan. Since all the P. Ws. Are inter se related to each other as such, they had a very clear motive for his false implication. He neither opted to appear as his own witness under section 340(2), Cr.P.C. Nor produced any defence evidence.
7. Mr. Rub Nawaz Noon, learned counsel for the appellath at, the very outset challenged the sentencing part of the judgment by saying that it was harsh and not in harmony with the criminal practice 'and the ca'se-law on the subject.
8. According to the learned counsel, the appellant was of 17 years of age at the time of framing of charge and his age was scribed in hand on the charge-sheet by the learned trial Court itself which strongly establishes the fact that the learned Additional Sessions Judge fully 'applied his mind to his age factor issue and not that the age was entered as such perfunctorily and that there was no challenge to this entry anywhere and even at the time this ground was being urged. On these basis the learned counsel stated that the charge was drawn on 13-5-1999, whereas the occurrence relates to 23-11-1998 which reflected that the petitioner was about 16 years of age at the relevant time.
9. Another extenuating circumstance which was referred to by the learned counsel for the appellant was that only a single below is attributed to him and not that of repeated stabbings, although he had the opportunity of inflicting further injuries. Reference is also made to the following statement of Muhammad Arshad in cross-examination:-- "I myself witnessed the altercation which took place between the accused and deceased on 22-11- 1998. The said dispute between them because the deceased had forbidden the accused from inhailing chars. As I said earlier that altercation took place during the games but know I maintain that the altercation took place due to the reason that the deceased forbade the accused inhailing the chars. On 22-11-1998 when altercation took place two younger brothers of mine were present there. It is correct that at the time of occurrence the accused was not accompanied by anybody rather he was all alone and we were three persons."
10. This Court has heard both sides. The occurrence in this case is an admitted fact to which the accused has given his own version, although he failed to produce evidence in establishing the same.
11. Under the circumstances and keeping in view the age factor of the appellant and the circumstances at the relevant time, it will be in the fitness of things if the order of conviction is upheld and sentence is reduced to life imprisonment while we also increase the amount of compensation under section 544-A, Cr.P.C. From Rs,1,00,000 to Rs,1,50,000 and in lieu thereof he had to suffer S.I. For 6 months. This amount will be recoverable as arrears of land revenue.
' We, therefore, . Benefit under section 382, Cr.P.C. Is, however, extended to him. Consequently, this appeal is disposed of and the Murder Reference is answered in the negative.