Law: Pakistan Penal Code, 1860

Section: 302(b),324,337-F(iii)

Penal Code (XLV of 1860)--- ----Ss. 302(b), 324 & 337-F(iii)---Qatl-i-amd, attempt to commit-qatl-i-amd, ghayr-jaifah-mutalahimah---Reappraisal of evidence---Sentence, reduction in---Sentence of death converted into imprisonment for life---Grounds---In the FIR itself, it was the case of the complainant that the occurrence had taken place on account of a trivial verbal altercation between the parties---No previous enmity existed between the parties---Circumstances of the case unequivocally suggested that the occurrence had taken place at the spur of the moment without any premeditation on the part of the accused---Conviction of the accused under S. 302(b), P.P.C. was upheld and the sentence of death awarded to accused on two counts was converted into imprisonment for life on two counts---Convictions and sentences of accused on other penal heads were maintained---Appeal was partly allowed. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- After a regular trial, the appellant was convicted by the trial court under section 302(b), P.P.C. and sentenced to death on two counts, besides being convicted under section 324, P.P.C. and sentenced to 05 years' RI on four counts. He was further convicted under section 337-F(ii), P.P.C. and sentenced to one year's RI on two counts with direction to pay Daman of Rs. 50,000/- to each injured. He was also directed to pay compensation(s) to legal heirs of deceased as well as injured PWs and in default to undergo simple imprisonment(s), as is reflected from the impugned judgment. Benefit of section 382-B, Code of Criminal Procedure was extended to him. The sentences of imprisonment were ordered to run concurrently. After dismissal of his appeal by the learned appellate court, the appellant filed a criminal petition, wherein leave was granted by this Court on 28.09.2017. Hence, the instant criminal appeal. 2. At the very outset, learned counsel for the appellant states that appellant does not want to press his conviction and only prays for reduction in the quantum of his sentence as in the circumstances of the case, the sentence of death is rather harsh. 3. After hearing the learned…

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