Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860)---   ----S. 302---Appreciation of evidence---Reduction in sentence---Accused who allegedly had committed double murder, was convicted by the Trial Court on two counts and was sentenced to death on two counts---On filing appeal by the accused against of the Trial Court, conviction of the accused was upheld by the High Court, but death sentences awarded to the accused were converted into life imprisonment in each case---Accused filed appeal before Supreme Court against of High Court and Supreme Court after about 9 years accepted appeal, remanded case for proceeding afresh and to decide murder reference afresh---Accused had not challenged of High Court on merits, but had prayed that in awarding sentence the Court should take into consideration the expectancy of life ensured to him on account of conviction previously recorded by High Court whereby only imprisonment for life was awarded to him---Accused who had undergone a substantial part of his punishment, with the decision of Supreme Court, practically for a period of 9 years had entertained expectancy of life and freedom from being sent to gallows following award of lesser punishment and that fact would be mitigating circumstance for not awarding him death sentence---Ends of justice thus would be sufficiently met if conviction and sentence originally awarded by High Court in its earlier , were restored---Death sentence awarded to the accused was converted into life imprisonment upholding his conviction under S.302, P.P.C. in view of fact that prosecution case had fully been proved by evidence on record.    Abdul Ghaffar Bhuttoa for Appellant.   Mian Muhammad Bashir, A.A.-G. for the State.   Mian Muhammad Tayyab Wattoo for the Complainant.   Date of hearing: 20th November, 2002. Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Reduction in sentence---Accused who allegedly had committed double murder, was convicted by the Trial Court…

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