Law: Pakistan Penal Code, 1860

Section: 302(b),148,149

Law: Criminal Procedure Code (V of 1898)

Section: 410

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b), 148 & 149--Criminal Procedure Code, (V of 1898), S. 410--Criminal appeal--Conviction and sentence--Challenge to--Quantum of sentence--Modification in conviction--Prosecution has been able to bring home guilt of appellant to hilt by producing cogent, convincing and confidence inspiring ocular account being supported by medical evidence--It was a day light occurrence, which was reported to police with sufficient promptitude--Place of occurrence was a busy bus stop surrounded by different shops and, thus, incident in issue could not be termed as an unwitnessed or unattended occurrence--Prosecution has proved claimed presence of both eye-witnesses at place of occurrence beyond reasonable shadow of doubt having accompanying their real brother deceased, who had to appear in Court of Additional Sessions Judge to face trial of murder of a maternal cousin of appellant--Both prosecution witnesses of ocular account remained consistent and affirm on all material particulars of murder in issue--No material variation or contradiction in prosecution evidence could be pointed out by learned counsel for appellant--Court have no legitimate exception to differ with conclusion arrived at by trial Court qua conviction of appellant but so far as quantum of sentence is concerned, Court have observed certain factors flouting on surface of record--Firstly, it was a single fire shot injury and appellant had not repeated same, secondly, motive behind occurrence remained shrouded in mystery and thirdly, recovery of weapon of offence remained inconsequential--Held: It is settled and longstanding principle by now that non-proving motive behind occurrence by prosecution has bearing upon question of quantum of sentence--Further held: It is also settled principle of law by now that when a case qualifies awarding of both sentences of imprisonment for life and that of death, proper course for Courts, as a matter of caution, is to give preference to lesser sentence--Sentence of death in an offence under Section 302(b), PPC is modified to the imprisonment for life--Appeal was dismissed. THIS JUDGMENT DELIVERED BY: ASJAD JAVAID GHURAL,…

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