Law: Pakistan Penal Code (XLV of 1860)

Section: 302

(a) Penal Code (XLV of 1860)--- S. 302-[Murder case] -Proof-Case one of broad daylight occur�rence, all accused specifically mentioned in promptly lodged report version disclosed in F. I. R. receiving full support from medical evidence-Not necessary in circumstances ,to look for corroboration �Rest of evidence even excluding evidence of motive or of recoveries, good enough to bring home guilt to accused-Existence of injuries on persons of accused, duration of such injuries coinciding with time of occurrence-Additional evidence incriminating accused.-[Evidence].(b) Penal Code (XLV of 1860)--- S. 302-[Murder case]-Police witness-Damaging concessions �Venue 'of crime not challenged by making any suggestion in cross-examination to eye-witnesses or Investigating Officer-Nothing show�ing constable witness having been taken to spot by his officers for detection or collection of blood-stained earth from spot of occurrence yet witness denying existence of blood stains at place of occurrence �Held : Gratuitous concession thus made by witness, a deliberate lie obligingly told at instance of defence-Such type of modus operandi by unscrupulous and successfully tackled Patwaris and foot constables quite usual, and quite damaging concessions often elicited by defence from formal witnesses according to previous understanding-Cases of deliberate perjury resulting in perversion of justice, if not properly dealt with by departmental authorities, infection bound to spread rendering difficult task of administration of justice further complicated. -(Witness].Begu v. The State P L D 1972 S C 77 ref.(c) Penal Code (XLV of 1860)-S. 302-[Murder case]-Courts, responsibility of-Inhibition or hesitancy on part of trial courts in' awarding normal penalty of death� Marked tendency to find laboured pretext to alter death sentence to life imprisonment-Sanctity of human life-Pros and cons of doctrine-Necessity of awarding deterrent punishment -Effect of marked propensity to avoid death penalty or to allow commutation in appeal followed by frequent remissions of sentences-Factors indirectly contributing to incidence of heinous crime-Responsibility of Courts.- [Sentence].In an…