Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)-------S.302(b)---Qatl-i-amd---Reappraisal of evidence---Sentence, reduction in---Mitigating circumstances---Death sentence reduced to imprisonment of life---Principle of life expectancy, applicability of---[Per Jamal Khan Mandokhail, J. [Majority view]: FIR was lodged after a considerable delay without any explanation---It was not clear that out of the four shots fired by the appellant (convict), how many bullets hit the deceased---Similarly, it was also not explained that how many bullets were fired by each of the three accused and how many of them had hit the deceased---Admittedly, no empty was recovered from the place of the occurrence, therefore, in the given circumstances, it could not be said with certainty that out of all the four assailants, whose fire shots resulted into fatal injury(s), causing death of the deceased---Occurrence had taken place all of a sudden without there being any proof of premeditation---It was a free fight, without proof of the motive alleged in the FIR---One of the co-accused, had already been acquitted by the Trial Court on the same set of evidence---Appellant remained in prison since May 2006 and was incarcerated in death cell w.e.f. 2013 till date, almost for more than eleven years---Section 302(b), P.P.C. provides a punishment for death or imprisonment for life---Total period of detention of the appellant in prison was about 18 years, without earning a single day of remission, because of being awarded death sentence---If remissions were counted towards his sentence, the appellant had served a period of almost an imprisonment for life---Delay in conclusion of judicial proceedings was on account of the system in vogue and for no fault of the appellant---After serving a sentence for life, including eleven years detention in death cell, executing his death penalty at present stage would not only be harsh, but would also be contrary to the principle of life expectancy---Under such circumstances, the appellant could not be sentenced twice for one and the same offence, hence punishment for death awarded to the appellant could not sustain---Appeal was dismissed; conviction awarded to the appellant under…

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