Law: Pakistan Penal Code, 1860

Section: 302(b)

1. Penal Code (XLV of 1860)---

----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---After lodging the FIR promptly, the police party started its investigation---On the day after the incident, the Investigating Officer arrested the petitioner who himself surrendered in the police station and during the course of investigation the petitioner disclosed about the weapon of offence, .30 bore pistol, concealed in an under construction garage in the haveli near to his house and on his pointation said pistol along with magazine was taken into possession---Investigating Officer received a sworn affidavit by the brother of the petitioner qua the alleged incident---Investigating Officer also dispatched two firearm empties of .30 bore pistol, three lead bullets from the dead body and .30 bore pistol to the Forensic Science Laboratory---As per report of Forensic Science Laboratory, two crime cartridges collected by the Investigating Officer from the place of occurrence were found wedded with the pistol recovered on the pointation of the petitioner---Petitioner was last seen by brother of the deceased fleeing away from the place of occurrence after commission of offence as said witness was residing in a house adjacent to the petitioner's house and the said incident was also notified by the petitioner's brother through an affidavit---There was nothing on record in favour of the petitioner as his own brother through an affidavit had submitted that he had seen the petitioner fleeing away from the place of occurrence after commission of an offence and thereafter informed the complainant of the case about the incident---Prosecution had established its case against the petitioner beyond any shadow of doubt---Petition was dismissed and leave was refused.

1. Penal Code (XLV of 1860)---

----S. 302(b)--- Qatl-i-amd--- Sentence, quantum of--- Mitigating circumstances--Motive not proved---In the absence of premeditation to commit murder where motive is not proved by the prosecution, the same may be considered as a mitigating factor in order to reduce the quantum of sentence in cases involving capital punishment.