Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 174,340(2),342,540,544A

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Appreciation of evidence--Qatl-e-amd--Quantum of sentence--While dealing with the question of sentence, approach of the Court should be dynamic and the Court has to find ways and means to guarantee, complete dispensation of justice to all stake holders of a criminal case, as most of them being unaware of the legal technicalities, flaws/lacunas left in the investigation and defects in conduct of their trials, only see the result announced by the Court and form an opinion about prevailing system of administration of justice--Mitigating means, making something less harmful, pleasant or bad, that there may be mitigating circumstances, which might help explain appalling behavior or criminal activity of the offender--While in the instant case, no such factor has been brought on record, which may offer even a slightest explanation for a terrible behavior of the accused, while making repeated fires at the deceased, his brother, no extenuating circumstances in his favour, which could, justify our interference with the sentence awarded to him by the trial Court--Another ground argued by the defence counsel was that the accused faced agony of prolonged trial and remained in a death cell for a long period, which is a mitigating circumstance in his favour--But in our perception, the prolonged trial or a person in death cell for a long period is not a valid ground for inflicting lesser penalty--Wisdom derived from the s referred here in above, accused being sole culprit is fully responsible for committing Qatl-i-Amd of the deceased by making fires at him, therefore, is liable for normal penalty of death--The trial Court passed a well reasoned and speaking , which is based on proper appreciation of evidence, thus is not open to any exception, even on reappraisal of evidence, Court could not form a contrary view with that of the trial Court--Appeal was dismissed. PLD 2001 SC 475; PLD 2015 Lah. 512; PLD 2007 SC 104 and AIR 1999 SC 3789 ref. THIS JUDGMENT DELIVERED BY: NAZEER AHMED LANGOVE, J.- Instant appeal is directed against the judgment dated 15th April, 2009 passed by the…

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