Law: Penal Code (XLV of 1860)

Section: 302(b),337-F(iii)

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) ,  337-F(iii)---Qatl-i-amd---Reappraisal of evidence---Sentence, reduction in---Death sentence reduced to life imprisonment---Motive not established---In the present case, the motive alleged by the prosecution was of illicit relations of the accused with the sister-in-law of the deceased and the alleged words of reprimand by the deceased to the accused and his co-accused in the evening preceding the day of occurrence---Burden to prove the motive part of the occurrence was upon the prosecution but record of the case revealed that the same was alleged in the FIR but was not been proved---Merely alleging a motive would not be sufficient to accept and rely upon the same---Prosecution had failed to prove the motive alleged in the FIR, benefit of which for the purpose of quantum of sentence would have to go to the accused---Accused in the given circumstances, could not be awarded major penalty of death---Conviction of accused under section 302(b), P.P.C., was maintained, however sentence of death awarded to him was converted into life imprisonment---Appeal was partly allowed. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Quantum of sentence--- Motive not established---Effect---Absence of motive or absence of proof of the same would be a sufficient mitigating circumstance to determine the quantum of sentence. Mst. Nazia Anwar v. The State 2018 SCMR 911; Nadeem Ramzan v. The State 2018 SCMR 149; Haq Nawaz v. The State 2018 SCMR 21; Ghulam Muhammad v. State 2017 SCMR 2048; Saif Ullah v. State 2017 SCMR 2041 and Waris Ali v. The State 2017 SCMR 1572 ref. Zulfiqar Ahmed Bhutta, Advocate Supreme Court and Ahmed Nawaz Chaudhry, Advocate-on-Record (Absent) for Appellant. Ahmed Raza Gillani, Additional Prosecutor General Punjab for the State. hearing date: 18th October, 2018. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.---The appellant namely Muhammad Shoban son of Niaz Ahmed Caste Rajput resident of Chak No.15-C/TDA, Tehsil Karor, District Layyah along with Shafaqat Ali alias Mithu and Muhammad Iqbal was booked in case FIR No.310 dated 1.10.2004 registered under sections 302, 324, 34, P.P.C. at Police Station,…

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