MIAN BURHANUDDIN KHAN, J.--Zaheer Ahmad respondent No.1 was tried by the learned Sessions Judge, Sanghar for committing the murder of Muhammad Musawar by causing him injuries with a sharp-edged weapon. He was found guilty, convicted under section 302, P.P.C. And sentenced to death and a fine of Rs.5,000 and he was further ordered to pay Rs.10,000 as compensation under section 544-A, Cr.P.C. To the heirs of the deceased. Appeal and murder reference were heard by a Division Bench of the Sind High Court and the learned Judges maintained the conviction of Zaheer Ahmad respondent No.1 herein; altered his sentence from death to life imprisonment and maintained the fine imposed by the learned trial Judge, vide the impugned order dated 21-8-1986.
2. By this petition complainant Abdul Ghafoor seeks leave to appeal against the impugned judgment, praying for enhancement of sentence awarded to Zaheer Ahmad respondent No.1 from life imprisonment to death on the grounds that the prosecution case against the accused/respondent had been fully established, and, therefore, the learned Sessions Judge, who had recorded the evidence and assessed the demeanor of the witnesses, passed the normal penalty of death; that the accused /respondent had -committed cold-blooded murder of the deceased in the broad daylight, and, therefore, there was no extenuating circumstance for awarding lesser penalty to the accused; that the reason assigned by the learned High Court Judges for reducing the sentence i.e. Youthfulness of the accused /respondent is not warranted by law. He is about 21 years of age and made murderous assault on the deceased by design, and caused 3 stab wounds to the deceased which shows the callousness of his attack; the first injury caused, resulted in the fracture of the fifth rib cutting intercostals space left side, the second injury cut the pleurae cavity on the left side while the third injury extended from the left ventricle of heart to right atrium, right side of the chest and in the opinion of the doctor death of the deceased was result of injury No.1 which was sufficient to cause death in the ordinary course of nature.
3. Learned counsel for the petitioner also referred to the testimony of the eye-witnesses and particularly the statement of Syed Shabbir Hussain P.W.5 who had his shop in the close vicinity of the spot. According to this witness he was present in his shop alongwith Khushi Muhammad; he saw Musawwar deceased riding a bicycle who was given a push by the accused /respondent, and brought down to the ground whereupon the accused took out a khanjar from the fold of his shalwar and gave three blows to the deceased in the very presence of the witness. The learned counsel contended that the attack was deliberate and pre-planned and there was no doubt as to who initiated the attack and how did it happen. We find the argument is forceful. We grant leave to consider the question of sentence alone. Appeal shall be fixed for hearing at an early date.