Law:

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

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

----S. 302(b)--Qatl-e-amd--Conviction and sentence--Challenge to--“Medical evidence is exactly in line with ocular account”--Ocular account--Motive--Divorce--Sufficient incriminating evidence--Medical evidence--Benefit of doubt--Sentence altered--It is case of complainant that appellant inflicted two churri blows on deceased, hitting him on left side of chest and thereafter gave churri blows consecutively on his left biceps, left armpit and left flank--(PW.3) who conducted post mortem examination on dead body of deceased in post mortem examination report--The motive behind occurrence as alleged in FIR was that deceased had divorced Mst. Parveen maternal cousin of appellant and because of said grudge appellant committed murder of deceased by inflicting churri blows whereas complainant (PW.4) has stated in her cross-examination that wife of deceased had four brothers--She further stated that brothers of complainant and appellant never complained of showed anger over fact of divorce prior to occurrence--In circumstances there was no reason for appellant to commit murder of deceased because of this motive--There is sufficient incriminating evidence on record in form of straightforward and confidence inspiring ocular acount furnished by complainant (PW.4) and (PW.5), fully supported by medical evidence furnished (PW.3), even if evidence motive and recovery of Churri (P.2) at instance of appellant are excluded from consideration to maintain conviction of appellant under Section 302 (b), PPC awarded by trial Court, which is accordingly maintained--Held: It is well recognized principle of law that accused is entitled for benefit of any doubt as an extenuating circumstance, while deciding question of sentence--While maintaining conviction under Section 302(b), PPC, we alter sentence of appellant from punishment of death to imprisonment for life--The amount of compensation and sentence of imprisonment in default thereof as ordered by trial Court is maintained.                 

                                              [Para 12, 14, 15, 16 & 17] A, B, C, D & E