Law: Pakistan Penal Code, 1860

Section: 302,302(b)

Law: Constitution of Pakistan, 1973

Section: 10A

Law: Criminal Procedure Code (V of 1898)

Section: 342,332B,374,464,465,544A

Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), Ss. 464 & 465---Constitution of Pakistan, Art. 10-A---Qatl-i-amd---Appreciation of evidence---Motive, failure to prove---Mitigating circumstances---Due process of law---Accused was deaf and dumb by birth who was convicted by Trial Court under S. 302(b), P.P.C. and was sentenced to death---Accused assailed his sentence only, on the plea of mitigating circumstances---Validity---No independent evidence was available on record that accused had grudge against deceased till the incident occurred---If prosecution asserted a motive but failed to prove the same then such failure on part of prosecution could have reacted against sentence of death passed against a convict of capital charge---Accused was born deaf and dumb and was not capable to understand judicial proceedings as reflected from orders of Trial Court---Services of interpreter were provided to accused up to the stage of framing of charge only---Services of counsel on State expenses were provided to accused and there was nothing on record that counsel who was appointed on State expenses was able to get instructions from the accused who was deaf and dumb---Accused was incapable of making his defense and Trial Court did not act according to provisions of Ss. 464 & 465, Cr.P.C.---Trial Court also failed to conduct trial in terms of Art. 10-A of Constitution---High Court converted death sentence of accused into imprisonment for life---Appeal was allowed accordingly. Ghulam Mohy-ud-Din alias Haji Babu and others v. The State 2014 SCMR 1034; Liaquat Ali v. The State 2009 SCMR 91; Irfan Ali v. The State 2015 SCMR 840; Zahoor alias Bholi v. The State 2018 MLD 246 and Karamat Hussain v. State through Advocate-General, Azad Jammu and Kashmir, Muzaffarabad and another 2018 YLR 685 ref. Ali Bux and others v. The State 2018 SCMR 354; 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 alias Asif v. The State 2013 SCMR 782; Sabir Hussain alias Sabri v. The State 2013 SCMR 1554; Zeeshan Afzal alias Shani…

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