ASLAM RIAZ HUSSAIN, J. -Muhammad Aslam petitioner was tried and convicted by Sessions Judge, Gujranwala, for the murder of his uncle Mehdi Hassan and was sentenced to death and a fine of Rs.
2,000 or in default thereof to further R. Ifor one year subject to confirmation of death sentence by the High Court. The High Court dismissed his appeal and confirmed the sentence of death.
2. The learned counsel for the petitioner took us through the evidence of the eye-witnesses and attempted to argue that their testimony was not such as should have been believed without independent corroboration. He has pointed out certain infirmities in the statement of Muhammad Hussain (P. W. 8), but we find that Abdul Sattar (P. W. 9) who is closely related to the accused petitioner as well as the deceased and appears to us to be a truthful witness had no motive whatsoever to falsely involve the petitioner. We are of the view that conviction could be based on his statement alone. This is, therefore, not a fit case for interference on merits.
3. The learned counsel also urged that in view of the age of the petitioner B tit the time of occurrence (i e. 15/16 years) and the motive alleged by the prosecution itself, namely that his father (Hadi Hassan) had been murdered when he was about 2/3 years old; that he firmly believed that it was hi uncle Mehdi Hassan (deceased) who had murdered him and that he ha committed the murder to avenge his father's murder. In support of the last contention he relied on the case of Ajun Shah v. The State (PLD 1967SC185), and tip subsequent judgments based on that authority.
4. There appears to be substance in this contention. Leave is, therefore, granted only on the question of sentence.