Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Evidence Act (I of 1872)

Section: 8

(a) Penal Code (XLV of 1860) S. 302 Evidence, appreciation of No delay occurring in lodg ing F.I.R.Ocular evidence corroborated by judicial confession of accused, his conduct in running away immediately after occurrence to tribal territory, and his arrest. alongwith crime gunEmpties recovered also tallying with crime gunConviction maintained; in circumstances.[Evidence]. Rehman v. The State P L D 1968 Lah. 464 ; Sharifuddin v. The State 1974 P Cr. L J 107 ;Muhammad Aslam v. The State 1970 S C M R 450 and Sharifuddin Pirzada v. Sohbat Khan P L D 1972 S C 363 ref. (b) Evidence Act (I of 1872) S. 8 MotiveEvidentiary value of.[Motive]. The, motive is a doubleedged weapon. On the one hand it prompts the culprits to commit the offence and, on the other hand, it creates a suspicion in the minds of the relatives of the victim that the person who had motive to commit the offence wouldbe the actual murderer. Again if motive does not exist for committing the murder it can rightly be argued that there is nothing for the complainant party to charge a person in the absence of any motive. Azeem Khan v. The State P L D 1979 Pesh: 36 ref. (c) Criminal trial WitnessConcessionMarginal witness of recovery making cer tain concessions in favour of accused unconnected with matter of recovery  Such concession, held, not to .be taken as helpful to accused person[Witness]. (d) Penal Code (XLV 1860) S. 302/34 SentenceMitigationAccused found causing death of deceased, but cause prompting accused to commit murder shrouded with mysteryAccused, held; do not deserve extreme penalty of: deathSentence of death altered to that of imprisonment for life, in circumstances.[Sentence]. Muhammad Sharif v. The State P L D 1971 Lah. 708 and Kharait Illahi v. The State 1975 P Cr. L J 1301 ref. (e) Penal Code (XLV of 1860) S. 302/34 Death sentence. confirmation ofAccused found committing murder of deceased indiscriminately causing his in stantaneous deathBeing an act of rashness and brutality, accused, . held, cannot escape from normal penalty of deathDeath sentence confirmed, in circumstances.[Sentence]. (f ) Penal Code (XLV of 1860) S. 302/34 Sentence QuantumContention that accused being of raw age…