Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)--- Qatl-e-amd--- Reappraisal of evidence--- Sentence, reduction in---Death sentence converted into life imprisonment---Mitigating circumstances---Motive alleged not successfully proved---Effect---Accused was alleged to have murdered the deceased (complainant's brother) by firing at him in a bus---Alleged motive for the crime was that prior to the incident accused had murdered his own sister on the pretext of Siahkari with one of the brothers of the complainant---Trial Court convicted and sentenced the accused to life imprisonment and a fine to be paid to the legal heirs of deceased as compensation but did not award the death penalty on the grounds that there were mitigating circumstances inter alia that the immediate cause of murder and actual motive remained shrouded in mystery---High Court enhanced the sentence from life imprisonment to death penalty on the basis that there were no mitigating or extenuating circumstances as accused had committed a premeditated, intentional and cold blooded murder---Validity---Ocular account was furnished mainly by brother and nephew of the deceased but their mere relationship with the deceased would not make them unworthy witnesses if their testimony was corroborated by independent evidence---Testimony of two said witnesses was corroborated by medical evidence and the recovery of weapon---Both said witnesses had reasonably explained their presence at the spot, which reason had not been specifically challenged by the defence during cross-examination---All prosecution witnesses corroborated each other and remained consistent on all material particulars of the case---Even the prosecution witness, who according to the accused did not support the prosecution story, partly supported the prosecution case since she deposed that an assailant entered the bus and started firing at the deceased but added that she could not identify the assailant---Said witness partly corroborated remaining witnesses and it would not harm the prosecution case if she could not identify the assailant/accused because she did not know the assailant/accused prior to the occurrence---Non-association of passengers and…

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