Law: Pakistan Penal Code, 1860

Section: 302(b),302(c)

Law: Code of Criminal Procedure, 1898

Section: 544-A,382-B

Summary  In this judgment, the Supreme Court converted a juvenile’s life-imprisonment conviction under section 302(b) PPC into a 14-year rigorous imprisonment under section 302(c) PPC, holding that the killing occurred under grave and sudden provocation during a sudden quarrel, with no prior enmity and a disbelieved prosecution motive, and that the juvenile petitioner acted on the spur of the moment after seeing his mother grappling with the deceased. Core points Petitioner (juvenile) convicted by Trial Court under section 302(b) PPC: life imprisonment + Rs.200,000 compensation (section 544-A Cr.P.C) + 6 months default imprisonment; benefit of section 382-B Cr.P.C granted. High Court dismissed appeal on 20.06.2022; Supreme Court heard petition against that judgment. Facts: On 05.09.2018, deceased Zahoor Ahmad forbade co-accused Khurshid Bibi from abusing him; she caught hold of him; petitioner (her son) took a churri and inflicted two blows on deceased’s right ribs and left buttock; deceased died in hospital. Prosecution’s ocular evidence (PW-1 Samina Bibi, PW-2 Zahoor Ahmad) and medical evidence (PW-3 Dr. Muhammad Amin) held reliable and unshaken in cross-examination. Supreme Court held: no long-standing enmity; prosecution’s alleged motive (restraining Usman’s visits) already disbelieved by High Court and further undermined by complainant’s affidavit exonerating Usman. Court found a sudden quarrel between deceased and petitioner’s mother; petitioner, as a minor, acted under grave and sudden provocation and lost self-control; occurrence was on the spur of the moment. Legal re-characterization: offence falls under section 302(c) PPC (Qatl-e-Amd not liable to Qisas due to provocation/other conditions), not 302(b) PPC. Disposition: Petition converted to appeal and partly allowed; 302(b) conviction set aside; petitioner convicted under 302(c) PPC and sentenced to 14 years rigorous imprisonment; compensation and default sentence maintained; benefit of section 382-B Cr.P.C extended. Law and sections Provision Nature Application in case Section 302(b) PPC Qatl-e-Amd (murder) liable to Qisas or, where Qisas not…