Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S.302 (b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Motive not proved---Accused and his two co-accused persons were charged for committing qatl-i-amd---Prosecution proved its case against accused by producing oral as well medical and other supportive evidence---Accused was fully implicated by all the eye-witnesses that accused fired four shots upon the deceased in their presence---Such fact was also proved from the evidence of mashir and investigating officer who collected four empties from place of incident---Injuries upon the deceased were certified by doctor who had also supported the case of prosecution---Prosecution asserted a motive but had failed to prove the same such failure on the part of prosecution reacted against sentence of death passed against accused on the charge of murder---High Court maintained conviction awarded by Trial Court but converted sentence of death into imprisonment for life. 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 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 2017 SCMR 148 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 302 (b) & 34---Qatl-i-amd---Appreciation of evidence---Common intention--- Proof--- Presence of co-accused persons at place of occurrence---No role attributed to co-accused persons---Both accused persons along with their co-accused were charged for committing qatl-i-amd---All eye-witnesses examined before Trial Court did not level any allegation against co-accused persons but only deposed to the extent of their presence at the spot at the time when accused fired shots upon deceased---Both the co-accused did not participate in the…

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