Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence--- Sentence, reduction in---Death sentence reduced to imprisonment for life---Mitigating circumstances---Motive unproved---Recovery of weapon inconsequential in absence of crime empties---Age less than 18 years at time of incident---Imprisonment period about 22 years---Motive set up by the prosecution had not been established by it through any concrete evidence and the allegation levelled by the prosecution in that respect had failed to travel beyond a mere verbal assertion---No date or time of the alleged incident forming the motive had been specified by any of the prosecution witnesses nor any such incident had ever been reported to the police or to any other authority---Alleged recovery of a firearm from the accused's custody during the investigation had remained legally inconsequential because no crime-empty had been secured from the place of occurrence so as to connect the recovered weapon with the murder in issue---Case record indicated that the accused was less than eighteen years of age at the time of the occurrence and, thus, he could not have been sentenced to death---Accused had also remained behind bars in connection with the present case for the last about 22 years, and if normal remissions admissible to a convict sentenced to imprisonment for life were to be counted towards his sentence then the accused must have served a period of imprisonment by now which was more than a normal sentence of imprisonment for life---Conviction of accused under S. 302(b), P.P.C. was maintained, however death sentence awarded to him was reduced to imprisonment for life---Appeal was disposed of accordingly. Hassan and others v. The State and another PLD 2013 SC 793; Dilawar Hussain v. The State 2013 SCMR 1582; Khalid Iqbal and 2 others v. Mirza Khan and others PLD 2015 SC 50 and Muhammad Arshad v. The State 2015 SCMR 258 ref. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, JUSTICE:------------ For committing the murder of one Muhammad Jameel at about 07.15 a.m. on 23.11.1994 Muhammad Azhar alias Ajja appellant and some others were booked and tried in case FIR No. 613 registered at…

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