Law:

Section:

Penal Code (XLV of 1860)---Ss. 302(b) & 324---Qatl-e-amd, attempt to commit qatl-e-amd---Re-appraisal of evidence---Sentence, reduction in---Death sentence reduced to imprisonment for life---Extenuating circumstance---Accused was convicted under S. 302(b), P.P.C. by Trial Court and sentenced to death for murdering the deceased with further direction to pay compensation of Rs. 100,000 to the legal heirs of deceased---Accused was further convicted under S. 324, P.P.C. by Trial Court for attempting to commit qatl-e-amd of injured witness and sentenced to 5 years imprisonment with further direction to pay Rs. 25,000 to the injured witness---High Court dismissed appeal filed by accused against his conviction and confirmed death sentence awarded by Trial Court---Validity---Complainant claimed to have been present at the crime scene, however he was not attacked by the accused despite the fact that motive had been attributed to him---Such fact was by itself an extenuating circumstance on basis of which sentence of death awarded to accused could be reduced to that of life imprisonment---No motive had been attributed against the deceased and it could safely be held that motive was not proved by the prosecution---Conviction of accused under S.302(b), P.P.C. was maintained, however his death sentence was commuted to that of life imprisonment---Conviction and sentence of accused under S.324, P.P.C. was maintained---Awards of compensation by Trial Court, which had been upheld by High Court, were maintained---Appeal was disposed of accordingly. JUDGMENT AMIR HANI MUSLIM, J.---This appeal, by leave of the Court, is directed against judgment dated 24-12-2008 of the Lahore High Court, Lahore, whereby the appeal of the appellant against his conviction and sentence, as awarded by the trial Court, was dismissed. 2. Facts of the case are that the complainant lodged an F.I.R. with the police stating therein that he is farmer by profession and on 7-6-2001 at about 6-00 p.m. he went to call back his son Munir Hussain and brother Allah Nawaz, who had gone to plough the fields of relations. He went little further when he heard alarm of his nephew Salah-ud-Din (deceased) upon which he…

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