Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 374

Substitution of appellant-- ----Substitution is a phenomenon of a rare manifestation because even interested witnesses would not normally allow real culprits for murder of their relations let off by involving innocent persons. [P. 1429] A PLD 1996 SC 138. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Criminal Procedure Code, (V of 1898), S. 374--Conviction and sentence--Murder reference--Challenged--Qatl-e-amd--Modification in quantum of sentence--Sentence altered--Mitigating circumstances---The mere relationship of prosecution witnesses with deceased and inter-se is not sufficient to discredit their testimony--Wherein august Supreme Court of Pakistan observed that implicit reliance could be placed on statement of an injured witness and noted with some concern that in entire operative part of impugned passed by High Court no discussion had taken place as to why High Court had ignored or disbelieved ocular account furnished by minor and injured eye-witness namely Sofia Siddiqui of that case--The promptitude in reporting matter to police also corroborates case of prosecution as against appellants--This remarkable promptitude in reporting matter to police establishes presence of witnesses at place of occurrence, at time of occurrence and supports their narrative--Reference is made to --Prosecution is bound by law to exclude all possible extenuating circumstances in order to bring charge home to accused for award of normal penalty of death in peculiar circumstance of this case, deserves consideration to extent of his sentence one out of two provided u/S. 302(b) of, P.P.C.---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 and elicited such a colossal retort from appellant, which had resulted into death of deceased therefore, in our view death sentence awarded to appellant is quite castigatory--Held: In number of s of august Supreme Court of Pakistan that if a specific motive has been alleged by prosecution, then it is duty of prosecution to establish said motive through cogent and confidence inspiring evidence and non-proof of motive may be considered a…

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