Law: Pakistan Penal Code, 1860

Section: 302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 173,265C,340(2),342,374,382B,544A

Pakistan Penal Code, 1860 (X:LV of 1860)-- ----S. 302(b)--Sentence--Challenge to--Alteration of sentence--Ocular account--Vague motive--Benefit of doubt--If evidence of motive and recovery of weapon is excluded from consideration, there is sufficient incriminating evidence against accused in form of confidence inspiring ocular account furnished by prosecution to maintain his conviction--However, it is not a case of capital punishment because of reasons, motive set up, alleged recovery of weapon was not proved and accused caused only one firearm injury on person of deceased and no allegation of repetition of fire against accused--Even if evidence of motive and recovery of 8-MM rifle at instance of appellant is excluded from consideration, there is sufficient incriminating evidence on record against him in form of straight forward and confidence inspiring ocular account furnished by complainant and PWs fully supported by medical evidence i.e. statement of Doctor and postmortem examination report PWs to maintain his conviction under Section 302(b) PPC, which is accordingly maintained--However, it is not a case of capital punishment because of reasons: (i) motive set up by prosecution has not been believed by us; (ii) the alleged recovery of 8-MM rifle (P.4) at the instance of the appellant has not been proved; and (iii) appellant caused only one firearm injury on person of deceased and there is no allegation of repetition of fire against appellant--There are extenuating circumstances, on basis of which appellant could not be made liable to maximum punishment provided under Section 302(b) PPC, rather ends of justice would be met, if his death sentence is converted into imprisonment for life--Therefore, while maintaining conviction u/S. 302(b) PPC, we alter sentence of appellant from death to imprisonment for life. THIS JUDGMENT DELIVERED BY: SHEHRAM SARWAR CH. J.- Shikra (appellant) was tried by the learned Addl. Sessions Judge, Okara in case FIR No.97 dated 01.05.2012, offence under Section 302 PPC registered at Police Station Satgarha District Okara for the murder of Haji Sakhi, Muhammad (deceased) brother of complainant. Vide judgment dated 05.05.2016, passed by…

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