Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Extenuating circumstances---Sentence, reduction in---F.I.R. containing all the details of the incident had been lodged without any delay---Eye witnesses had reasonably explained their presence at the scene of occurrence and had corroborated each other---Relationship of ocular witnesses with the deceased would not blemish their testimony, if the same otherwise inspired confidence---Medical evidence had also supported the prosecution version---Motive for the occurrence was not disputed by the accused---Conviction of accused, therefore, was maintained--However, five persons had been implicated in the case for the single murder, amongst whom two had already been acquitted by Trial Court on the same evidence, two were before High Court as appellants and the fifth was an absconder---Complainant had changed his statement at the trial in view of medical evidence---Accused were of young age at the time of occurrence---One co-accused who was also attributed fire shots on the body of the deceased was still at large---Accused had fazed the agony of protracted trial and appeal for the last more than ten years---All these were the extenuating circumstances in favour of accused---Sentence of death of each accused was reduced to imprisonment for life in circumstances. Iftikharul Hassan v. Israr Bashir and another PLD 2007 SC 111; Ghulam Muretaza v. State 2004 SCMR 4; Faqir Ullah v. Khalil-uz-Zaman 1999 SCMR 2203; Muhammad Akram v. State 2003 SCMR 855 and Abdus Salam v. State 2000 SCMR 338 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Sentence---Where Qisas is not enforceable, court in a case of qatl-e-amd can award the accused the sentence of death or imprisonment for life by way of Tazir keeping in view the circumstances of the case. Iftikharul Hassan v. Israr Bashir and another PLD 2007 SC 111; Ghulam Muretaza v. State 2004 SCMR 4; Faqir Ullah v. Khalil-uz-Zaman 1999 SCMR 2203; Muhammad Akram v. State 2003 SCMR 855 and Abdus Salam v. State 2000 SCMR 338 ref. JUDGMENT MANZOOR AHMAD MALIK, JUSTICE:---.--- This judgment shall dispose of Criminal Appeal No.25-J of 2006…

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