Law:

Section:

Penal Code (XLV of 1860)----S. 302(b)---Qatl-e-amd---Expectancy of life, principle of---Conversion of death sentence into imprisonment for life---Scope---Accused was convicted by Trial Court and sentence to death which was confirmed by High Court---Accused sought conversion of death sentence into imprisonment for life on the principle that he had already served out twelve years in prison---Validity---Accused caused death of an innocent person in a reckless manner while firing at vital parts of his body leaving no chance for his survival, whose fault was only that he had contracted marriage with ex-wife of accused---After having taken away life of husband of his ex-wife, accused also abducted her---Accused committed heinous offence after making preparation and there were no mitigating circumstances for reduction of his sentence from death to imprisonment for life---Supreme Court declined to convert sentence of death awarded to accused into imprisonment for life---Appeal was dismissed. Dilawar Hussain v. The State (Criminal Review Petition No.72 of 2007) and Hassan and others v. The State Criminal Appeals Nos. 13, 14, 15 and 16 of 2004 and 53 of 2011 distinguished. JUDGMENT IJAZ AHMED CHAUDHRY, J.---This criminal appeal has arisen out of the Jail Petition No. 149 of 2009 filed against the judgment of a learned Division Bench of the Lahore High Court, Multan Bench, Multan dated 27-1-2009 through which conviction under section 302(b)/149, P.P.C. and sentence of death as Ta'zir with direction to pay Rs.25,000 to the heirs of the deceased by way of compensation under section 544-A Cr.P.C. and in default of payment thereof to further undergo S.I, for six months, along with other sentences under sections 148/149, 365 and 449 P.P.C., awarded by the learned Additional Sessions Judge-III, Muzaffrgarh, vide judgment dated 31-1-2002, have been maintained. Leave to appeal has been granted by this Court vide order dated 10-11-2009 which reads as follows:-- "In order to consider the quantum of sentence in the circumstances of the case when the daughter of the petitioner, though was living with her mother who (the latter) married to a stranger after obtaining a decree of…

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