Law: Pakistan Penal Code, 1860

Section: 302(b)

Motive-- ----It is well established by now that motive is a double edged weapon because if it could be a reason for commission of crime, then at same time, it could prompt complainant’s side for false implication of an accused, therefore, motive alone can neither prove nor disprove a crime and same has to be weighed with other attending circumstances of case--No independent witness qua motive was produced during course of investigation or brought in witness box at trial--Therefore, prosecution has not been able to substantiate alleged motive behind occurrence.       Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Quantum of sentence--Murder reference--Qalt-e-amd--Motive--Extenuating circumstances--Motive behind occurrence as alleged in private complaint and brought before trial Court was to effect that complainant party has civil litigation over a piece of land with appellants--So far as alleged recovery of.30 bore pistol at instance of appellant which was taken into possession vide recovery memo. is concerned, same is inconsequential because of reason that report of Punjab Forensic Science Agency in this regard is in negative--Even if evidence of motive and alleged recovery of.30 bore pistol at instance of (appellant) is viluded from consideration, there is sufficient incriminating evidence on record against him in form of straightforward and confidence inspiring ocular account furnished by complaiant/injured (PW.2) and (PW.3), fully supported by medical evidence i.e. statement of Dr. (PW.1) and postmortem examination report to maintain his conviction under Section 302(b), P.P.C., 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; and (ii) that alleged recovery of.30 bore pistol at instance of appellant has not been proved--There are extenuating circumstances, on basis of which appellant could not be made liable to maximum punishment provided under Section 302(b), P.P.C., rather ends of justice would be met, if his death sentence is converted into imprisonment for life--Appeal was…

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