Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--Medical evidence--Motive of occurrence--Abduction and murder--Qatl-e-amd--Quantum of sentence--Modification in sentence--If evidence of motive and recovery is eluded from consideration, even then prosecution has proved its case beyond shadow of doubt against appellants through evidence Quantum of sentence, we have noted some mitigating circumstances--Firstly, recovery has been disbelieved by us with reasons mentioned in para 4 (iv) of this , secondly motive has also been disbelieved by us with reasons mentioned in para 4 (iii) of this --It is not determinable in this case as to what was real cause of occurrence and as to what had actually happened immediately before occurrence which resulted into present unfortunate incident--Held: It is well recognized principle by now that accused is entitled to benefit of doubt as an extenuating circumstance while deciding his question of sentence as well--Conviction of appellants in offence Under Section 302(b), PPC for committing murders of (deceased) are maintained but their sentences are altered from death to imprisonment for life each--Compensation and sentences in default whereof awarded by trial Court are also maintained--Appeal dismissed.[P. 452] B, C, D E 2009 SCMR 1188 and 2014 SCMR 1227. Recovery of crime weapon-- ----Recovery of rifles in presence of negative report of Punjab Forensic Science Agency is inconsequential and not fatal to prosecution case. [P. 452] A 2021 SCMR 104. JUDGMENT Sadaqat Ali Khan, J.s (Shaukat Hussain and Qaisar Abbas @ Jhangvi) have been tried by learned trial Court in case FIR No. 612 dated 10.11.2009 offences under Sections 34, PPC registered at Police Station City Shujabad District Multan, and were convicted and sentenced vide judgement dated 29.03.2017 as under: Shaukat Hussain and Qaisar Abbas (a), Jhangvi (appellants) u/S. 302(b), PPCSentenced to DEATH as Tazir each for committing Qatl-i-Amd of Manzoor Ahmad and Ghulam Abbas (deceased) with compensation of Rs. 3,00,000/- each payable to legal heirs of each deceased in default whereof to further undergo simple…

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