Law: Pakistan Penal Code, 1860

Section: 302,302(b)/302(c)/337-F(vi)/337-L(ii)/14 8/149

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 302(b)/302(c)/337-F(vi)/337-L(ii)/148/149--Scope of Sections 302, 302(b)/302(c) of PPC--One appellant made straight fire which hit right side of neck of deceased while co-appellant made straight fire shot complainant and PW--High court converted death to life imprisonment of appellant and upheld conviction of co-appellant u/s 337 F(vi) , 337 L(ii) PPC--The provision of Section 302(a) of PPC is reflection of punishment as provided in Islamic system by way of Qisas--The parameters are entirely on different benchmark wherein strict compliance of section 304 PPC or applicability of Article 17 of Qanun-e-shahdat order, is not required--The word ‘tazir’ under section 302(b) PPC has a specific significance--The provision of section 302(c) PPC in original text was an exception of section 302 PPC--Section 302(a) PPC is a distinct provision having different mode and manner of application with different considerations exclusively derived from Islamic judicial system--Any which concludes commission of offence falling u/S. 302(b) PPC in furtherance of common intention or common object but decides lis on basis of individual liability would be squarely in defiance of intent and spirit of law on subject--Section 302(c) PPC is an exception to aforesaid provision--The framers of law while inserting section 302(c) PPC wisely provided sentence which might extend to 25 years--it was done with an intend to provide an opportunity to court of law to inflict sentence proportionate to act of assailant according to facts surfaced during course of proceeding--The incident is not result of common intention or common object which has substantial importance to attract aforesaid provision--Any slackness on part of court to ignore this aspect might infringe rights of either of parties involved in process of law which is an essential attribute of court proceedings, denial of which might create imbalance, resulting into chaos in society--Appeals are allowed, set aside impugned s of both courts below while remanding matter to trial court for a limited purpose to re-write on basis of existing judicial record within two months. Pakistan Penal…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492