Law:

Section:

(a) Penal Code (XLV of 1860)----Ss. 302, 307, 148 & 149---Qatl-e-amd, rioting armed with deadly weapons, unlawful assembly---Reappraisal of evidence---Sentence, reduction in---Reduction of sentence from death to imprisonment for life---Unconscionably delayed punishment---Convict who had been sentenced to death had undergone a period of custody equal to or more than a full term of imprisonment for life during the pendency of his legal remedy against his conviction and sentence of death---Effect---Accused and co-accused allegedly launched an attack on the complainant party, which resulted in death of three persons and injuries to others---Trial Court sentenced accused and co-accused to death, which sentence was upheld by the High Court---Validity---Accused was arrested from the spot by the police with a firearm in his hand---Ocular account of the incident had been furnished by four eye-witnesses out of whom two had the stamp of injuries on their bodies to vouchsafe their presence at the scene of the crime at the relevant time---Motive set up by the prosecution had been admitted by the accused party and the same had provided corroboration to the ocular account---Medical evidence provided support to the ocular account---According to the prosecution's own case it was the complainant party which had gone to the place of occurrence whereat the accused party was already present and, thus, it could well be that it was not a case of any premeditation on the part of the accused party and the incident could have taken place when the parties, otherwise inimical towards each other, had come face to face by way of a chance encounter---Present case was a case of a fight between the parties during which firing had been resorted to by both the parties---F.I.R. itself had mentioned that one of the deceased was carrying a rifle with him at the relevant time and during the spot inspection as many as twenty crime-empties of the same rifle had been secured from the place of occurrence---According to the prosecution accused was carrying a rifle at the relevant time yet no crime-empty of said rifle had been secured from the spot---No independent evidence had been brought on the…

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