Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Qatl-e-amd--Death sentence--Modification in quantum of sentence--Even if evidence of motive and alleged recovery of .30 bore pistol at instance of appellant is excluded from consideration, there is sufficient incriminating evidence on record against appellant in form of straightforward and confidence inspiring ocular account furnished by complainant and P.W. fully supported by medical evidence i.e. statement Doctor of (PW.8) and post-mortem examination report to maintain his conviction under Section 302(b), PPC, which is accordingly maintained--However, it is not a case of capital punishment because of reasons: (i) motive set up by prosecution has not been believed by us; (ii) recovery of .30 bore pistol (P.8) at instance of appellant has not been proved; and (iii) appellant made only one fire shot at deceased and there was no allegation of repetition of fire against him--There are extenuating circumstances, on basis of which (appellant) could not be made liable to maximum punishment provided under Section 302(b), PPC, rather ends of justice would be met, if his death sentence is converted into imprisonment for life--Therefore, while maintaining conviction under Section 302(b), PPC, alter sentence of (appellant) from death to imprisonment for life--Amount of compensation, as ordered by trial Court, is maintained, however, in case of default, appellant shall undergo simple imprisonment for six instead of one year, as observed by trial Court--Benefit of Section 382-B, Code of Criminal Procedure is extended to appellant--Appeal in hand stands dismissed with above modification in quantum of sentence. 2009 SCMR 1188 and 2014 SCMR 227. JUDGMENT Shehram Sarwar Ch., J.--Akhtar Abbas (appellant) was tried by the learned Addl. Sessions Judge, Sahiwal in case FIR No. 321 dated 8.7.2015 offence under Section 302, PPC registered at Police Station Harappa District Sahiwal for the murder of Mst. Sumera Bibi (deceased) daughter of complainant. Vide judgment dated 29.4.2017 passed by the learned trial Court, the appellant has been convicted under Section 302(b), PPC and sentenced to…

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