' KHALIL-UR-REHMAN RAMDAY, J.--- Waheed convict was beating up a "Faqeer" (a Beggar) in "Tarannum Chowk" at about 10-30 p.m. On 30-171995. The fault of the complainant and his deceased son was that they had rescued the said beggar from the respondent-convict and had asked the said convict not to do such-like things. He did not like it. He came across the deceased after some time and told the said deceased that they had interfered in his matters, and that he would teach them a lesson for it. The deceased went home and informed his complainant father about these threats extended by the convict. The father, along with the deceased son, came to the convict to register his concern about the said threat., They were all unarmed. The convict was still standing in "Tarannum Chowk" and before the complainant party could even open their mouth, the convict fired a shot from his mouser which landed at the front chest of Farid deceased who consequently died paying the price from coming to the aid of a poor, helpless beggar.
2. Is this kind of person or kind of conduct which could invoke some sympathy justifying a lenient treatment for the killer? This question would require serious consideration.
3. The question would also be whether the factum of "non-repetition of the blow" which used to be treated as a mitigating circumstance in the by-gone days when the weapons used were "Dangs" and "Sotas" would be a valid consideration even today when the weapons used are automatic and semi-automatic guns and rifles?
4. Another question which would also require consideration would be whether a person who appeared to be a desparado standing in "Chowks" at night carrying fire-arm weapons and who get flared up to the extent of causing death of others, on trivial things and for petty reasons would deserve any mercy and leniency?
5. To consider these ,questions and others,, we allow this petition and grant leave in the matter.
6. In order to avoid any complications arising out of delay in the disposal of the appeal, we would direct that the appeal be set down for hearing within six months.