Law: Pakistan Penal Code, 1860

Section: 34,302(b)

(a) Penal Code (XLV of 1860)-- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence---Postmortem of the deceased was conducted within fifty (50) minutes of his death---FIR was also promptly lodged within one (1) hour and ten (10) minutes of death of deceased, which excluded the availability of time for deliberations or substitution---No previous enmity was alleged between the complainant and accused parties---Medical evidence fully corroborated the ocular account---Accused had fired a single fire shot on the forehead of the deceased both effectively and decisively in achieving the object of murder---Conviction of accused for murder was maintained in circumstances---Appeal was partly allowed accordingly. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence---Death sentence reduced to imprisonment for life---Mitigating circumstances---No motive whatsoever for the commission of offence was attributed to the accused by the prosecution---Absence of repeated firing dispelled premeditation by the accused to kill the deceased---Accused was merely a volunteer in the occurrence and not a party to the friction between the complainant and accused party---Actual cause of the occurrence, therefore, was not known; its origin vis-a-vis the accused was vague and incomprehensible---Intention, guilty mind or motive of the accused to commit the offence remained shrouded in mystery and was therefore unproven---Possibility existed that the eye-witnesses had withheld evidence that could fairly explain the immediate cause of the occurrence---Sentence of death awarded to accused was altered to that of life imprisonment under S.302(b), P.P.C.---Appeal was partly allowed accordingly. (c) Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-i-amd---Sentence, reduction in---Mitigating circumstances---Motive---Where the motive was not proved or was not alleged by the prosecution, the court for the sake of safe administration of justice, adopted caution and treated the lack of motive as a mitigating circumstance for reducing the quantum of sentence awarded to a convict. Zeeshan Afzal v. The State 2013 SCMR…

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