"AVID 1Quat, J.-Abdul Majid son of Chiragh Din, aged 14 years (according to the Sessions Judge by appearance above 16 years) has been convicted under section 302, P. P. C. For the murder of Nazir Ahmad with a knife and sentenced to death vide judgment dated the 10th of August, 1971, of the Sessions Judge, Lyallpur. His appeal as well as reference for the confirmation of death sentence awarded to him are being taken up and disposed of together by this judgment.
2. The occurrence took place at 3-30 p. m. On the 21st of March 1971, in Mohallah Islampura, near Sem Nala Jaranwala, at a distance of five furlongs from Police Station Jaranwala. A statement (Exh.
P. B.) was made by Munir Ahmed P. W. 11, brother of the deceased before Syed Zafar Abbas S. I. P. W.
13 in the Civil Hospital, Jaranwala at 4-30 p. m. On the same day respecting the occurrence and on the basis of this statement formal F.
1. R. (Exh. P. D. 1) was registered at Police Station Jaranwala at 4-40 p.m. On the same day by Muhammad Elahi P. W.
7.
3. The motive for offence as disclosed in the F. I. R. Is that the appellant had illicit relations with one M.o. Parveen. 2/3 days prior.To the occurrence the deceased abused the appellant and told him not to enter the Mohallah. It was on account of this reason that the appellant murdered the deceased.
4. The occurrence is reported to have taken place in the following manner: the deceased and his brother Munir Ahmad P. W. We're going to Dhari for purchasing fodder for their buffalo. When they arrived at the graveyard rear Sem Nala, the appellant came there and opened his knife. He raised a lalkara and after abusing the deceased said that he had been creating hindrance in the appellant's love affair and that, therefore, he would be taught a lesson. The deceased tried to run away but the appellant caught hold of him and gave him three knife blows on the back. The deceased fell down. Munir Ahmad P. W. Tried to apprehend the appellant but he was threatened and did not go near him out of fear. Due to the noise and alarm Yousaf P. W. 12 and Ali (given up as unnecessary) who were present in the nearby fields came running to the spot and witnessed the occurrence. The deceased was taken by his brother Munir Ahmad P. W. To the hospital. He remained alive for a few days and died in the hospital at 2-00 a. m. On the 23rd of March, 1971.
5. Dr. Abdul Rauf Hameed P. W. 2 medically examined the deceased on the 21st of March, 1971, while he was sti1 alive and found three stab wounds on the back of his left shoulder; on the back and upper part of right side of chest; and on the back part right side of chest.
' On the 22nd of March, 1971, Ch. Imtiaz Ahmad Sadiq, M. I. C. P. W. 3 recorded the dying declaration of the deceased (Exh. P. G. 3) when the doctor had expressed the opinion that he was physically fit to make the said statement. According to the doctor the deceased remained conscious during the period his statement was recorded. The statement was recorded in the presence of the doctor.
' The dying declaration is to the following effect: The deceased stated that he and his brother Munir Ahmad P. W. We're going to the Dhari in order to purchase fodder. When they passed from the graveyard the appellant raised a lalkara at him from behind and shouted that he had come.
Immediately thereafter he gave three knife blows on his waist? He threatened his brother not to approach near and then the appellant ran away. His brother attended to him. The occurrence was witnessed by Malik Ali and another person whose name he had forgotten. He was placed on a cot and taken to the hospital. He also stated that the appellant was involved with a girl called Mst.
Parveen who was sister of a friend of his named Muhammad Saleem. The deceased used to stop the appellant from carrying on the affair and it was on account of this reason that he attacked the deceased with a knife.
' The deceased died on the 23rd of March 1971. Dr Habib Ullah P. W. I conducted post-mortem on the dead body of Nazir Ahmad at 11-00 a. m. On the 24th of March, 1971 and found the aforementioned injuries on his person. In his opinion the cause of death was shock and haemorrhage due to stab on the chest and injury to the right lung. It was sufficient in the ordinary course of nature to cause death. Injury No, (3) was grievous whereas others were simple and all had been caused by a sharp-edged weapon.
6. The appellant was arrested on the 25th of March, 1971, by Syed Zafar Abbas S. I. P. W.
13. At the instance of the appellant was recovered blood-stained knife P 1 and taken into possession vide memo. Exh. P. A , dated the 25th of March, 1971. The attesting witnesses besides Syed Zafar Abbas S. I. P. W. Of this recovery were Abdul Majjd P. W. 8 and Muhammad Ram zan P. W. 9 According to the report of the Serologist (Exh. P. Q.) scrapings of knife P. 1 were found to be stained with human blood.
7. There are two eye-witnesses produced by the prosecution, namely Munir Ahmad P. W. 11, brother of the deceased, and Yousaf P. W. 12, who is unconnected. The name of Ali was mentioned as an eye-witness in the F. I. R. But he was given up as unnecessary.
8. The appellant denied having participated in the occurrence. He disowned knife P. 1 and stated that he had been involved due to enmity.
9. The case of the prosecution against the appellant is based on the ocular testimony of the two eye-witnesses, the dying declaration of the deceased, the recovery of knife P. 1 from the appellant and the medical evidence.
10. We have gone through the record carefully and have heard learn counsel for both the sides in detail. The motive has been proved. Th testimony of the eye-witnesses is corroborated by the dying declaration of the deceased, the recovery of knife P. 1 from the appellant as well as medical evidence. The account of the eye-witnesses is quite consistent with the version given in the F. I R. As well as in the dying declaration of the A deceased. We have no doubt in our mind that the appellant was guilty of the offence of which he had been charged. His conviction under section 302 P. P. C , therefore, was well deserved and proper and is being maintained. There, however, remains the question of sentence. The appellant is stated to be 14 years old and according to the Sessions Judge by appearance above 16 years. He has appeared before us today and in our opinion he may have been 14 years at the time of occurrence because he does not look more than 16/17 years old to us. Further, it was stated by Munir Ahmad P. W. In the cross-examination that Mst. Parveen had relations with the appellant and he also stated that she was a woman of easy virtue because she had illicit relations with the appellant. He had further stated that the house of Mst. Parveen was at the back of their house. It is probable that the deceased being neighbour of Mst. Parveen may have tried to develop illicit relations with her as he had knowledge that she was carrying on with the appellant and that this eventually led to the occurrence. Anyway, the age of the appellant coupled with the probability that the girl may have been a bone of contention between the two of them, in our view, is a factor to be taken into consideration at the time of awarding sentence to him. We are, therefore, of the opinion that in the circumstances the sentence of death awarded to the appellant under section 302, P. P. C should be altered to that of imprisonment for life which, in our view, would be sufficient to meet the ends of justice and we order accordingly. With this modification, the appeal is rejected.
11. The sentence of death is not confirmed. Appeal dismissed. .