Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--S.302/34--Constitution of Pakistan (1973), Art.185(3)--Motive--Sentence-­Motive as set up by prosecution, if not established, it is the prosecution itself which is to bear the consequences on question of sentence--Conclusion of High Court, in altering sentence of death to life imprisonment on finding that motives had remained shrouded in mystery thus was correct. Sardar Shaukat Ali, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 27th February, 1989. ORDER JAVID IQBAL, J.--This petition for leave to appeal is directed against judgment of the Lahore High Court, Lahore dated 17 May, 1986 whereby conviction of respondents Abdul Qayyum and lkramullah under section 302/34, P.P.C. was maintained but their sentence of death was reduced to life imprisonment. The petition has been filed by the complainant on the ground that no cogent reason has been given for the reduction of sentence. Briefly the facts are that Abdul Qayyum and lkramullah respondents were tried for offence under section 302/34, P.P.C. along with four others who vide judgment of the trial Court were acquitted but the aforesaid two respondents were sentenced to death plus fine by the trial Court. On appeal the High Court as stated above maintained their conviction but altered the death sentence to imprisonment for life in both the cases. The deceased in this case is Mohammad Hanif. The- occurrence took place at 4-30 a.m. on 19 April, 1982 in the area of village Kacha Pakka, District Kasur. F.1.R. was lodged by the petitioner who is uncle of the deceased at Police Station Kundian on the same day at 7-45 a.m. The respondents were arrested, Abdul Qayyum on 21 April, 1982 and Ikramullah on 4 May, 1982. Recoveries are two crime empties from the spot and carbines recovered from the respondents. The petitioner and Muhammad Din are two eye-witnesses of the occurrence. According to the medical evidence the deceased had gunshot injuries on the front of chest and a gunshot injury on the back of chest. The death had resulted due to firearm injuries immediately…

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