NIAMAT ALI Versus STATE

ORDER

ASLAM RIAZ HUSSAIN, J. ‑‑Niamat Ali petitioner was tried and convicted inter alia under section 302/307, P. P.C. , for the murder of Afzal Ali Shah and making murderous assault on his wife Mst.Anwar Begun (P.W.1). Under section 302 P.P.C., he was sentenced to death and a fine of Rs.5,000 and under section 397 P.P.C., to 7 years' R.I. and a fine of Rs.3,000.

2. Learned counsel for the petitioner has not contested the case on merits but pointed out that age of the petitioner at the time of occurrence was only 13 years. The question of age was not probed thoroughly at the trial stage. Learned counsel has relied on the fact that his age was mentioned as 15/16 years in his statement under section 342 Cr.P.C. which was recorded two years after the incident.

3. This does not appear to have been controverted by the prosecution at any stage. Although the offence committed by the petitioner is heinous one but in the above‑noted circumstances we think it a fit case for grant of leave to consider if he was indeed of a tender age at the relevant time and if so, what was the appropriate sentence which should have been awarded to him, to meet the ends of justice.

Leave is, therefore, granted for that purpose.

M.I./N‑64/S Leave granted.