Law:

Section:

(a) Penal Code (XLV of 1860)-----S. 302(b)---Constitution of Pakistan, Art. 185 (3)---Leave to appeal was granted by Supreme Court to consider; whether lesser sentence of life imprisonment awarded by High Court on the ground that prosecution failed to prove the motive was not contrary to law laid down by Supreme Court. Moazam Shah v. Mohsin Shah and others PLD 2001 SC 458 rel. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Motive---Scope---Quantum of sentence---Motive is not sine qua non for the proof of commission of crime and at time motive is not known to any other person, other than the deceased or accused, which can never surfaced on the record---Motive is always very relevant to determine quantum of sentence that might be awarded to a person against whom charge of murder is proved. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Reappraisal of evidence---Motive, failure to prove---Quantum of sentence---Mitigating circumstances---Death sentence awarded to accused was converted into imprisonment for life by High Court only on the ground that prosecution failed to prove any motive against the accused---Validity---Motive was always relevant for commission of crime, as it was the reason for which accused had taken the law into his hands and committed the crime---Motive was in fact the foundation of structure which ultimately culminated into accomplishment of crime---When motive was so basic and relevant for commission of crime, it would have bearing in every case while determining quantum of sentence---Motive set up in F.I.R. and reiterated at trial stage was hot discussion on religious issues between the parties---Religious feelings had always caused an agitation in mind if something was said against belief of a person and under such impulse when there was not only hot discussion but also there was exchange of abuses, the crime was committed under the compelling circumstances, therefore, death sentence was rightly converted by High Court to life imprisonment---If discretion in awarding lesser sentence was exercised by High Court for the stated reason, the same were not artificial or against the record and were sufficient to convert death…

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