Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302--- Criminal Procedure Code (V of 1898), S. 103---Qatl-i-amd---Crime weapon---Recovery from public place---Positive report of Chemical Examiner and Serologist---Effect---Dagger allegedly recovered on the pointation of accused through recovery memo was not blood stained, positive reports of Chemical Examiner and Serologist were not reliable and disbelieved---Recovery of dagger from open place not in exclusive possession of accused accessable to everyone was not believable and the same was disbelieved in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Substitution phenomena---Sentence, reduction in---Mitigating circumstances---Single blow---Accused was convicted by Trial Court under section 302 (b) P.P.C. and sentenced to death---Validity---Prosecution evidence was trust worthy and straight forward and there was no mis-identity of accused as he was relative of complainant while deceased was son of complainant and it was a case of single accused---No probability that real father would let off the real culprits and would falsely implicate accused for murder of his son, substitution in such like cases was a rare phenomenon---Just before actual occurrence of murder of deceased, a quarrel had taken place between deceased and accused and at the spur of moment without any previous motive or premeditation in the heat of passion only single dagger blow was given by accused to deceased which landed on his belly without any repetition---High Court extended benefit of doubt to accused as there was extenuating circumstance and death sentence awarded by Trial Court to accused was quite harsh---High Court altered sentence of death into imprisonment for life---Appeal was allowed accordingly. Ghulam Mohy-ud-Din alias Haji Babu and others v. The State 2014 SCMR 1034; Meer Muhammad alias Meero v. The State 2009 SCMR 1188 and Latif Ullah v. The State 2007 SCMR 994 rel. (c) Penal Code (XLV of 1860)--- ----S. 302---Criminal Procedure Code (V of 1898), S. 340(2)---Qatl-i-amd---Defence plea at belated stage---Effect---Accused himself did not appear under S.340(2), Cr.P.C.…

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