Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 382-B,544-A

(a) 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---High Court had categorically concluded that the motive set up by the prosecution had not been proved---Apart from that two real brothers of the deceased, who were shown as eye-witnesses in the FIR, had not been produced by the prosecution before the Trial Court---Two other prosecution witnesses had been given up by the prosecution as having been won over---Post-mortem examination of the deadbody had been conducted with a noticeable delay and in the inquest report it had been mentioned that at the time of inspection of the deadbody by the investigating officer the eyes of the deceased were open---Notice was issued to the complainant twice so as to appear before the High Court but the complainant had failed to appear and had shown no interest in the proceedings before the High Court---All said factors warranted caution in the matter of the sentence of death passed against the accused---Sentence of death passed against the accused was reduced to imprisonment for life in circumstances---Appeal was disposed of accordingly. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Sentence, reduction in---Death sentence reduced to imprisonment for life---Mitigating circumstances---Motive not proved---Where the prosecution asserted a motive but failed to prove the same then such failure on the part of the prosecution may react against a sentence of death passed against a convict on the charge of murder. Ahmad Nawaz v. The State 2011 SCMR 593; Iftikhar Mehmood and another v. Qaiser Iftikhar and others 2011 SCMR 1165; Muhammad Mumtaz v. The State and another 2012 SCMR 267; Muhammad Imran @ Asif v. The State 2013 SCMR 782; Sabir Hussain alias Sabri v. The State 2013 SCMR 1554; Zeeshan Afzal alias Shani and another v. The State and another 2013 SCMR 1602; Naveed alias Needu and others v. The State and others 2014 SCMR 1464; Muhammad Nadeem Waqas and another v. The State 2014 SCMR 1658; Muhammad Asif v. Muhammad Akhtar and others 2016 SCMR 2035 and Qaddan and others v. The State…

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