Law: Constitution of Pakistan, 1973

Section: 199, 38

Law: Pakistan Penal Code, 1860

Section: 302, 324, 109

Law: Code of Criminal Procedure, 1898

Section: 544, 382, 265, 342, 340

SUMMARY i. As previously observed, the parties bore no previous ill-will, grudge, or blood feud. In such circumstances, the contention of defense that the charge against the appellant, who is the real nephew of both the deceased and the complainant, was manufactured, or that the real culprits were shielded while the innocent accused was substituted, cannot be sustained. ii. It is true that a recovery report, in isolation, cannot establish the guilt of an accused, yet when the account of the accused is found to be biased, the recovery is duly proved, and the recovered weapon is safely transmitted to the firearms expert for examination, such evidence assumes substantial probative value. iii. Where the asserted cause of the killing is not established, the case of the appellant must be considered in isolation. The prosecution's case had suggested that the appellant, who had resided in the house of his maternal uncle for a prolonged period of two years, was motivated by lust arising from this alleged illicit relationship. It was on the basis of this purported motive that the trial court concluded and imposed the death sentence; however, in the absence of proof of such a relationship, the case of prosecution stands bereft of a concrete motive. Accordingly, this court must consider whether the complainant was able to demonstrate the real cause which led the appellant to commit the killing. iv. When viewed in this light, the sentence imposed by the trial court cannot be said to be commensurate with the circumstances of the case. Furthermore, in considering the age of the appellant and the absence of any definite motive, it becomes apparent that the imposition of the extreme penalty of death was disproportionate. ⚖️ Laws & Sections Involved Constitution of Pakistan, 1973 Article 199 Article 38(c) PPC (Pakistan Penal Code) 302(b) – Murder 324 – Attempt to murder 109 – Abetment CrPC (Code of Criminal Procedure) 544-A – Compensation 382-B – Benefit of detention 265-C – Charge framing 342 – Statement of accused 340(2) – Defence evidence 🧾 Key Legal Principles Used Conviction can be based on single reliable…