Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Conviction of accused had rightly been not challenged and only commutation of his death sentence into imprisonment for life was prayed for---Occurrence of broad-daylight had been promptly reported to the police within half an hour---Two injured eye-witnesses and the complainant had fully and quite successfully supported the prosecution version aided by medical evidence---According to prosecution evidence itself, motive behind the occurrence was that the accused suspected that the son of an injured prosecution witness had illicit relations with his sister---Accused had been approaching the complainant in this regard and other elders too with complaints about the said illicit relations, but having been disappointed by their discouraging attitude, he after exhausting all peaceful avenues decided to take a drastic action to vent his anger and in utter disappointment and exasperation committed the crime---Except the said motive, accused had no enmity with complainant party---Mitigating circumstances, thus, did exist for commuting the death sentence into imprisonment for life---Conviction of accused under S.302(b), P.P.C. was upheld, but his death sentence was reduced to imprisonment for life in circumstances. Boota v. The State PLD 1981 SC 196; Muhammad Sher and others v. The State 1985 SCMR 1688; Muhammad Sharif and others v. The State and others-PLD 1995 SC 593; Abdur Rashid v. The State 1989 SCMR 165; The State v. Gulzar Masih 1988 SCMR 1068; Muhammad Afzal v. The State and others 1987 SCMR 1864; Ahmed and others v. The State 1982 SCMR 1049 and Qambar Ali v. The State PLJ 1974 Cr.C. (Lah.) 474 ref. JUDGMENT HASNAT AHMAD KHAN, J.---Mumtaz Ahmad appellant along with Abdul Ghaffar and Abdullah, were tried by 'learned Additional Sessions Judge-II, Muzaffargarh, in the case F.I.R. No.77 of 2000, dated 6-3-2000, registered at Police Station Shehr Sultan, District Muzaffargarh, for the offences under sections 302/324/109, P.P.C. After the conclusion of the trial, the said learned Additional Sessions Judge found the appellant guilty of murdering…

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