Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-e-amd---Appreciation of evidence---Sentence, reduction in---Specific plea of sudden provocation and self defence taken by accused was not proved by him, as required under Article 121 of the Qanun-e-Shahadat, 1984, and he even did not appear as his own witness to disprove the allegation levelled against him under S.340(2), Cr. P. C. ---Accused was specifically nominated in the promptly lodged F.I.R. with a specific role---Ocular testimony was consistent, straight forward and had no material discrepancy or contradiction---Eye witnesses had no personal grudge or ill will for false implication of accused in the case and they had reasonably explained their presence at the scene of occurrence---Prosecution evidence was worth reliance and was corroborated by medical evidence---Recovery of "Chhuri" along with positive reports of Chemical Examiner and Serologist had further supported the prosecution version---Conviction of accused was maintained in circumstance-F.I.R. itself contained a valid ground for mitigation in favour of accused, as he had acted on the instigation of his mother at the time of occurrence---Accused was 23/24 years of age and his action under the influence of his co-accused parents could not be ruled out in the peculiar circumstances of the case---Death sentence of accused was altered to imprisonment for life in circumstances. Noor Muhammad v. The State 1988 SCMR 1640; Tariq and 2 others v. The State 1995 SCMR 168; Mst. Hafeezan Bibi v. Muhammad Tufail and others 1995 SCMR 256 and Nazeer Ahmad v. The State 1999 SCMR 396 ref. (b) Penal Code (XLV of 1860)--- ----S.302(b)---Qanune-e-Shahadat (10 of 1984), Art. 121---Qatl-e-amd---Defence plea---Burden of proof---When an accused takes a special plea in his defence, he has !to prove the same under Article 121 of Qanune-e-Shahadat, 1984, but the basic burden to prove. its case beyond any shadow of doubt still remains on the prosecution. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Sentence reduction in---Mitigating circumstances---"Lalkara" of the father or the mother can be treated as a mitigating circumstance…

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