Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)---Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal was granted by Supreme Court to accused to examine the question of quantum of sentence. (b) Penal Code (XLV of 1860)----S. 302(b)---Appraisal of evidence---Active and specific role of firing at the deceased after due preparation and premeditation was attributed to accused and it was hard to believe that he had acted under grave or sudden provocation---Suspicion of illicit liaison between the deceased and the aunt of the accused had been amicably settled about 2/3 months before the occurrence by the "Punchayat" and there was hardly any immediate cause prompting the accused to do away with the life of an innocent person---Said suspicion for all intents and purposes was a past and closed issue---Accused having followed the deceased duly equipped with a deadly weapon and hitting at him in a pre-planned manner, could not be said to have acted under heat of passion by completely losing control over his sentiments---Facts and circumstances of the case manifestly showed that it was a deliberate, intentional' and preconcerted move on the part of the accused to find out an opportunity to eliminate the deceased in order to satisfy his so-called honour, false ego and prestige without any legal or moral justification---Admittedly the said aunt of the accused was not residing with him and he did not notice the deceased in her company in an objectionable position---Accused had neither acted under grave nor sudden provocation and no such plea was' advanced by him after his arrest or at the trial---Not a single question was even suggested to any of the two ocular witnesses in this behalf which had manifestly reflected upon the hollowness of his afterthought plea--­Prosecution had no motive to charge the accused falsely---Defence plea raised on behalf of the accused on the face of it was absurd, unnatural and afterthought having been cooked up in order to save him from the clutches of Qisas---Nobody had the legal or moral right to take the life of a human being in the disguise of "Ghairat"---Conviction and sentence of death had been rightly and lawfully recorded against…

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