ASLAM RIAZ HUSSAIN, J.-This is an appeal by Qasim appellant through jail by the leave of this Court, granted on 30-1-1980, only on the question of sentence.
2. He was tried and convicted for the murder of his own uncle Abid Khan, and was sentenced to death for the same. His appeal before the High Court failed and his sentence of death was confirmed vide the impugned judgment.
3. The appellant was the only assailant mentioned in the F. I. R. Lodged by the deceased himself.
The F. I. R. Subsequently constituted as dying declaration duly proved by the scribe and the doctor who examined the deceased. According to the leave granting order itself, the guilt has been squarely brought home to the appellant and the only question that needs consideration is that of sentence, i. e. Whether or not the appellant should, in the circumstances of this case, have been awarded the lesser sentence of imprisonment for life. The only circumstance mentioned in the leave granting order which might have entitled him to lesser sentence, is the motive for the murder.
The motive is stated to be that the land of the appellant, or a substantial part thereof, was purchased by the deceased for his son, which was resented by the appellant.
4. We have read the F. I. R.; the statement of the appellant as well as relevant portions of the evidence where a mention is made of this grievance, but we notice that apart from the mere mention of the afore-mentioned sale of land, no other detail thereof has been given so as to enable us to consider whether or not the circumstances giving rise to the alleged grievance were such as could possibly entitle the appellant to the lesser sentence under section 302, P. P. C. As such we find no reason to interfere with the impugned judgment by way of reduction of sentence awarded to the appellant.