Law: Pakistan Penal Code (PPC),1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Murder--Qatl-e-amd--Conviction and sentence--Challenge to--Alteration and modification in sentence--Benefit of doubt--Quantum of sentence--It is not determinable in this case as to what was real cause of occurrence and as to what had actually happened immediately before occurrence which resulted into present unfortunate incident--Death sentence awarded to appellant is harsh one--It is well recognized principle by now that accused is entitled to benefit of doubt as an extenuating circumstance while deciding his question of sentence as well.        [Para 21 & 22] A & B 2009 SCMR 1188 & 2014 SCMR 1227. Ch. Zulfiqar Ali, Advocate for Appellant. Mr. Mushtaq Ahmad Mohal and Ms. Shazia Pervaiz Butt, Advocates for Respondent. Ðœr. Munir Ahmad Sayyal, DPG for Complainant. Date of hearing: 12.1.2017. Judgment This single judgment shall dispose of Criminal Appeal No. 999 of 2013 filed by Muhammad Khan appellant (against his conviction) and M.R No. 315 of 2013 sent by Trial Court for confirmation of death sentence of Muhammad Khan appellant or otherwise, as both the above stated matters have arisen out of the same judgment dated 29.8.2013 passed by learned Additional Sessions Judge, Bhalwal, according to which appellant was convicted and sentenced as under:-- Muhammad Khan s/o Saee Muhammad 302(b), PPC  He was sentenced to DEATH as Tazir along with compensation Rs. 2,00,000/-payable to the legal heirs of the deceased u/S. 544-A, Cr.P.C. and in default thereof further undergo six months S.I. Whereas, his co-accused namely Muhammad Imran was acquitted, in case FIR No. 633 dated 17.7.2009 u/S. 302/34, PPC police station Bhalwal, District Sargodha. 2.       The facts of the case have been stated by Gul Muhammad complainant (pw5) real father of Muhammad Imran (deceased) in his statement before the learned trial Court, which is hereby reproduced for narration of the facts:-- “On 17-07-2009 at about 7:15/7:30 am I along with my son Imran was preset in my house. Naseer son of Muhammad Amir came in our house and he asked to my son Imran to…