Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Sections 302(b), 324, 148, 149 & 449---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly, house-trespass in order to commit offence punishable with death---Re-appraisal of evidence---Death sentence reduced to imprisonment for life---Mitigating circumstances---Spur of the moment occurrence---Provocation by complainant party---Motive not proved---According to the FIR as well as the statements of the eye-witnesses made before the Trial Court the accused persons went into the house of complainant peacefully and it was the complainant party which had provoked the accused party at the spot which provocation led to the occurrence---Occurrence might not have taken place at all but for the intervention and provocation of the complainant party---Occurrence in question had developed at the spur of the moment without any premeditation and different members of the accused party as well as of the complainant party embroiled with each other in a developing occurrence---Motive set up by the prosecution had never been put to the accused persons at the time of recording of their statements under S. 342, Cr.P.C.---Alleged recovery of the weapons of offence from the accused persons during the investigation had been discarded by the High Court---Accused persons had already spent more than 16 years in jail in connection with the present case---Sentences of death recorded against accused persons were reduced to imprisonment for life in circumstances---Appeal was disposed of accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 342---Statement of an accused recorded under S. 342, Cr.P.C.---Any piece of evidence not put to an accused person at the time of recording of his statement under S. 342, Cr.P.C. could not be considered against him. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Sentence---Death sentence reduced to imprisonment for life--Grounds---Motive not proved---Failure on the part of the prosecution to establish the motive may react upon a sentence of death. Ahmad Nawaz v. The State 2011 SCMR 593; Iftikhar Mehmood and another v. Qaiser Iftikhar and others 2011 SCMR…

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