Law:

Section:

Penal Code (XLV of 1860)-------S. 302(b)--- Qatl-e-amd--- Reappraisal of evidence--- Sentence, reduction in---Death sentence reduced to imprisonment for life---Mitigating circumstances---Motive not proved---Two convicts sentenced to death for murder of one deceased---Effect---Accused and co-accused allegedly inflicted dattar blows to deceased and murdered him---Motive for the incident was that deceased had abused and slapped accused's father prior to the incident---Accused and co-accused were sentenced to death by Trial Court, which conviction was maintained by the High Court---Validity---Motive part of the prosecution story was not proved and remained shrouded in mystery---Prosecution witnesses had admittedly not seen the motive incident and were not present at the time---Question as to what provoked the accused and co-accused to cause multiple injuries with dattar on the body of deceased was not known to any one, thus it was a mitigating circumstance for showing leniency in favour of accused and co-accused in the matter of their sentences---Even otherwise, two persons (accused and co-accused) had been sentenced to death for the murder of one deceased, which in peculiar circumstances of the case was a bit harsh---Supreme Court maintained conviction of accused and co-accused under S. 302(b), P.P.C. but reduced their sentence from death to imprisonment for life with direction to pay compensation of Rs.50,000 each to legal heirs of deceased---Appeal was disposed of accordingly. Munir Ahmed Bhatti, Advocate Supreme Court for Appellants (in Criminal Appeal No.814 of 2006). Ch. Muhammad Anwar Khan, Advocate Supreme Court for Appellants (in Criminal Appeal No.815 of 2006). Mian Muhammad Sikandar Hayat, Advocate Supreme Court for the Complainant. Mazhar Sher Awan, Additional P.-G. for the State. Date of hearing: 1st January, 2013. JUDGMENT IJAZ AHMED CHAUDHRY, J.---Both these appeals with leave of the Court are directed against the judgment dated 7-9-2005 passed by a learned Division Bench of the Lahore High Court, Lahore, whereby Criminal Appeals Nos. 2010 and 2011 of 2000 filed by the convict appellants against their conviction and sentence of death under section…

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