Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Quantum of sentence---Validity---Case against accused, an Army personnel for having caused the death of his colleague was duly established and his conviction did not suffer from any infirmity---Accused was a young person and his statement recorded by the Field General Court Martial reflected that the act which he had done was destitute of any wickedness--­Conduct of the accused reflected pure human frailty, psychological obsession on account of perversity or psychological imbalance---Accused had made a clean breast of what he had done and after the act he was satisfied and had become calm and his normalcy had returned---Accused perhaps was of the view that the deceased had fallen in bad company and he should protect him or probably he had such an emotional attachment with the deceased that his perversity could not bear any interruption---Although the accused in. his statement had accepted his guilt, yet it was possible that many things still remained shrouded---Was also possible that a provocation from the deceased might have overwhelmed the faculties of the accused immediately before the occurrence on receiving a punch from the deceased---Voluntary confession made by accused by itself could bring his case out of the ambit of severe punishment which was an accepted norm in the civilized world---Accused could not get proper legal advice and he had implicated himself blindly which was a mitigating circumstance in his favour---Field General Court Martial had not been rendered correct legal advice as to the quantum of sentence which was not based on rational grounds---High Court could, therefore, interfere for a curative action and for providing justice to a citizen and a personnel of the Pakistan Army---Death sentence awarded to accused was altered to imprisonment for life in circumstances--­Constitutional petition was disposed of accordingly. Machhi Singh and others v. State of Punjab AIR 1983 SC 957 and Bachan Singh v.State of Punjab AIR 1980 SC 898 ref. (b) Criminal trial--- ----Sentence---Mitigating circumstance---Very act of confession voluntarily…

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