03 November 2004	Wednesday	19 Ramazan 1425

PESHAWAR, Nov 2: A two-member bench of the Peshawar High Court on Tuesday commuted the death sentence of a murder accused to life imprisonment.

The bench comprising Chief Justice Nasirul Mulk and Justice Qaim Jan Khan partially allowed the criminal appeal of Muhammad Siddique, who was convicted by an additional district and sessions judge for killing a fruit vendor.

The bench observed that the appellant was not a convict before that incident and it was a case of sudden provocation.

The appellant had killed Ijaz Khan on June 20, 2002, in the jurisdiction of Banamari police station during an altercation. According to prosecution, the altercation took place over the prices of mangoes following which Siddique fired at the fruit vendor, injuring him seriously. The wounded was taken to a hospital where he died.

The vendor had recorded a statement on his death-bed, charging the appellant for the offence.

The appellant's counsel, Fazal Kareem, contended that there was no previous enmity between the two men. He stated that it was not an intentional murder.

Advocate Noor Alam appeared for the complainant and contended that the evidence on record had proved the involvement of the appellant in the commission of the offence.