Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)---Criminal Procedure Code (V of 1898), S. 367(5)---Qatl-e-amd---Sentence---Principles---Sentences provided under S. 302(b), P.P.C. are "death" or "life imprisonment"---If case stands proved against accused and court is not persuaded to award him death sentence and proceeds to award latter sentence, then under S.367(5), Criminal Procedure Code, 1898, court has to give reasons. (b) Penal Code (XLV of 1860)--- ----Ss.302 (b)/148/149---Qatl-e-amd and unlawful assembly armed with deadly weapons---Reappraisal of evidence---Life imprisonment---Sentence of death awarded to accused was converted into imprisonment for life---Validity---None of the prosecution witnesses including injured witnesses attributed any specific injury to any of the accused and three co-accused remained fugitive from law---Uncertainty regarding fatal injuries and prosecution case regarding two co­-accused was not worthy of reliance and they were acquitted---Judgment passed by High Court reducing sentence of death into imprisonment for life was neither arbitrary nor unjust---When an unlawful assembly armed with deadly weapons was resorting to indiscriminate firing, it was not possible to identify as to whose fire hit whom and in such circumstances, award of maximum sentence would not be in consonance with safe administration of justice---Supreme Court declined to interfere in the passed by High Court---Appeal was dismissed. Muhammad Latif v. The State 1984 SCMR 284; Allah Dad v. The State 1995 SCMR 142; Muhammad Tashfeen v. The State 2006 SCMR 577 and Naik Muhammad v. The State 2007 SCMR 1639 rel. (c) Penal Code (XLV of 1860)--- ----S. 302---Qatl-e-amd---Weapon produced by co-accused---Place of recovery---Effect---Plea raised by complainant was that empties of weapon matched with the weapon recovered---Validity---Weapon in question was neither produced by accused nor recovered from place, which was in his exclusive possession rather it was in the possession of co-accused who produced the weapon­---Plea of complainant was not tenable. Jan Muhammad Khan, Advocate-on-Record for Appellant. Nemo for Respondent No. 1. Respondent No. 2 in person along with…

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