Law:

Section:

Azad Penal Code --.-- --.-- S. 302(b) --.-- Conviction and sentence --.-- Challenge to --.-- Question of motive --.-- Sentences was altered --.-- Prosecution is not bound to allege motive and consensus is that where motive alleged is not proved, death sentence cannot be awarded --.-- It is a hearsay version of P.W's that she subsequently committed suicide but in absence of direct evidence that deceased has ever demanded hand of sister of convict it cannot be assumed that refusal of hand of "S" motivated convict for murder of deceased, therefore, prosecution has failed to prove motive --.-- On basis of above analysis of evidence as well as case law produced on behalf of parties, prosecution has failed to prove motive alleged by it --.-- Bazar at time of occurrence was open but except "M" who is relative of deceased, no other shopkeeper was examined by prosecution as eye-witness --.-- Some shopkeepers also visited place of occurrence but police has not recorded their statements --.-- After disbelieving recovery and story of injury of P.W. that sentence awarded to convict by trial Court is not proper --.-- No doubt that minimum punishment for taking human life is Qisas, but same has to be awarded when "Nisab" provided by law is complete --.-- Even, for awarding sentence of Tazeer, evidence should be convincing and altered sentence of life imprisonment (25 years) awarded to convict by trial Court to extent of sentence has already undergone by him --.-- So far as sentence of compensation is also altered in terms that alternate sentence awarded to convict for period of 06 months has already been borne by him --.-- It is further held that as injury of PW and recovery of weapon of offence, is not proved, therefore, sentences awarded to convict for causing injury to PW as well as in offences u/Ss. 13/20/65 AA are hereby vacated. 1971 SCMR 432, 1984 PSC 134 & 2011 SCR 431, ref. THIS JUDGMENT DELIVERED BY: GHULAM MUSTAFA MUGHAL, CHIEF JUSTICE:---.--- The captioned appeals arise out of a common judgment, hence, were heard together and are decided as such through this single judgment. Ghulam Murtaza, convict/appellant, has challenged the legality and correctness of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492