Law:

Section:

Azad Penal Code --.-- --.-- S. 302(b) --.-- Conviction and sentence --.-- Challenge to --.-- Unseen occurrence --.-- Quantum of sentence --.-- Circumstantial evidence --.-- Extra-judicial confession --.-- Point regarding quantum of sentence requires consideration --.-- Although it is an unseen occurrence, however, prosecution fully established its case through extra judicial confession and circumstantial evidence, which connects convicts-appellants with commission of murder of deceased, hence, they should have been convicted and sentenced to death, as 'Tazir', u/S. 302(b) instead of S. 302(c), A.P.C. --.-- Although impugned does not suffer from any illegality, however, trial Court while convicting appellants u/S. 302(c), A.P.C. --.-- has ignored basic principle of law that tried provision shall apply only to those cases, where according to injunctions of Islam, punishment of 'Qisas' is not applicable --.-- In order to prove charge u/S. 302,A.P.C., provisions of S. 304, A.P.C. --.-- play pivotal role in determining fate of guilt and where evidence as envisaged under aforesaid section is proved, accused shall be punished u/S. 302 Part (a), A.P.C. and sentenced to 'Qisas' --.-- Where an unimpeachable evidence inspiring confidence proving charge of Qatl-e-Amd has been brought on record, however, not fulfilling conditions laid down u/S. 304, A.P.C. accused may be convicted u/S. 302 Part (b),A.P.C. and sentenced to 'Tazir" --.-- Where evidence, brought on record, fulfils requirements of S. 304, A.P.C., but sentence o 'Qisas' cannot be enforced because of bar imposed u/S. 306,A.P.C., accused be convicted u/S. 302 Part (c),A.P.C. and sentenced accordingly --.-- In instant case, evidence as required u/S. 304, A.P.C. has not been brought on record, as it is an unseen occurrence, nor case falls within ambit of S. 306, A.P.C.; therefore, convicts-appellants could not be convicted u/S. 302(c), A.P.C. rather they should have been convicted u/S. 302(b), A.P.C. --.-- Modify convictions, recorded u/S. 302 (c) into S. 302 (b), A.P.C. --.-- Death sentence as 'Tazir' is not awarded and sentence of life imprisonment as 'Tazir' is awarded u/S. 302(b), A.P.C. --.-- With…