Law:

Section:

a) Criminal Procedure Code (V of 1898)¬ S. 154 First Information Report Contents of F. I. R. do not constitute substantive evidence but can be looked into to show untruth¬fulness of certain statement, made by witness. [First Information ., Report]. Adalat and another v. The Crown P L D 1956 F C 171 ref. (b) Criminal trial Evidence Two inferences available in case Inference in favour of accused must be preferred. [Presumption Evidence]. (c) Penal Code (XLV of 1860) S. 302 Murder Sentence Extreme penalty of death Normal sentence for murder Judge not required to give reasons for impos¬ing such sentence Judge, in case lesser penalty proposed to be awarded, to give reasons for abstaining from awarding death sen¬tence. [Sentence]. Per M. A. Rashid, J.---- The extreme penalty of death is the normal sentence for murder and that while awarding this sentence the Judge does not have to give reasons for doing so; it is only when the lesser penalty is propos¬ed to be awarded that the Judge has to ask himself whether there are reasons for abstaining from awarding the death sentence. In cases of premeditated and deliberate murder it has been consistently held that no grounds exist to award the lesser penalty. (1902) L B L 216 ; Moti Ram v. Emperor A I R 1941 Sind 117 ; Amir Singh v. Emperor A I R 1932 Lab. 245 ; Rustam Khan v. The State 1972 S C M R 657 and Hukmat Khan's case 1969 S C M R 75 ref. (d) Penal Code (XLV of 1860) S. 302 Murder Sentence Mitigating circumstances Capital sentence Normal sentence for murder Absence of premeditation and commission of murder on spur of moment and in heat of passion¬---Hell, ordinarily constitute mitigating circumstances for awarding lesser sentence unless death caused in a cruel or unusual manner. [Sen¬tence]. Per Z. A. Channa, J. ---- The normal sentence for murder is capital sentence, but if there are mitigating circumstances then the appropriate sentence would be the lesser sentence. Absence of premeditation and committing of a murder on the spur of the moment and in the heat of the moment, in my opinion,' do ordinarily constitute mitigating circumstances for the award of a lesser sentence, except in cases where death has been caused…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492