Law:

Section: S. 302(b)--Qatl-e-amd--Conviction and sentence

Pakistan Penal Code, 1860 (XLV of 1860)--

----S. 302(b)--Qatl-e-amd--Conviction and sentence--Challenge to--Modification in quantum of sentence--Place of occurrence and time of occurrence have not been denied by accused--Presence of both witnesses at place of occurrence is neither improbable nor can be doubted and merely on account of their relationship with deceased, their evidence cannot be discarded in absence of any inconsistency or inherent infirmity in their deposition--Even in their cross-examination both eye-witnesses remained consistent on all material aspects of prosecution’s case and their evidence is fully supported by medical evidence--Plea of substitution taken on behalf of appellant remained unproved--Even otherwise, substitution of accused in such like murder case by complainant is a rare phenomenon--Even after exclusion of recovery, there remains sufficient evidence in form of confidence inspiring and trustworthy ocular account fully supported by medical evidence against appellant therefore, his conviction under Section 302(b), PPC being based upon well-settled principles of appreciation of evidence is maintained--It is not a case of capital sentence as there are certain extenuating circumstances in favour of appellant to warrant lesse sentence--Appellant in peculiar circumstances of this case deserves benefit of doubt to extent of his sentence one out of two provided u/S. 302 (b), PPC--It is well-recognized principle by now that accused is entitled for benefit of doubt as an extenuating circumstance while deciding his question of sentence.

                                                                   [Para 10 & 12] A, B, D & E