Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Mitigating circumstances---Sentence, reduction in---Motive, shrouded in mystery---Alleged motive did not fit in within the ambit of probability and prosecution's failure to prove motive constituted mitigating circumstances so as to visit convict with penalty of imprisonment for life---Prosecution's own case was that accused committed murders under the influence and on instigation of their father and brother and such aspect of prosecution case could not be lost sight of---All such circumstances cumulatively made out a case wherein alternate penalty of imprisonment for life would meet the ends of justice---High Court converted sentence of death into imprisonment for life---Appeal was dismissed in circumstances. Naveed alias Needu and others v. The State and others 2014 SCMR 1464; Ahmad v. The State 2015 SCMR 993; Muhammad Mumtaz Khan v. The State 1999 SCMR 837 and Ghulam Mohy-ud-Din alias Haji Babu v. The State 2014 SCMR 1034 rel. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:--------------------- Muhammad Hayat son of Saadullah, appellant herein, was tried along with his father Saadullah and Muhammad Nasir alias Nasrullah by a learned Addl. Sessions Judge at Jhang on the charge of committing Qatl-e-Amd of Khizar Hayat and Abdullah alias Dulla deceased; he was sentenced to death on two counts along with compensation vide judgment dated 30-10-2004; co-accused Saadullah and Nasir alias Nasrullah were acquitted from the charge. A private complaint, prosecuted ,side by side with the police case, culminated into acquittal of the accused named therein vide the same judgment. During the hearing of appeal and connected murder reference, a learned Division Bench set aside judgment dated 30-10-2004 and remanded the case for re-writing of separate judgments, both in private complaint as well as police case. The appellant met with no better fate as at the end' of post remand proceedings, he once again stands convicted on two counts of homicide with penalty of death on each along with payment of compensation in the sum of Rs.200,000/- each or to undergo six months SI in the…

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