Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302/34---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to' accused to the extent of examining the propriety of the sentence awarded to him in the light of the circumstances of the case. (b) Penal Code (XLV of 1860)--- ----S.302/34---Sentence---Murder---Normal sentence for an offence of murder is death which is to be awarded as a matter of course except where the Court finds some mitigating circumstances which may warrant imposition of lesser sentence namely imprisonment for life. (c) Penal Code (XLV of 1860)--S. 302/34---Sentence---Sentence for murder when motive not proved or when accused acts under the influence of any elder member of the family---Not a universal rule that whenever the motive alleged by the prosecution is found to be weak or is not proved, the Court is bound to award lesser sentence than death for a murder, nor can it be said that an accused is entitled as a matter of right to claim lesser sentence than death when he allegedly acts under the influence of his father or any other elder member of his family. (d) Penal Code (XLV of 1860)--- ----S. 302/34---Constitution of Pakistan (1973), Art. 185---Sentence, propriety of---Accused had committed double murder of two young girls who had not given any cause of complaint to him justifying the commission of said offence--­Refusal by the mother of the two deceased girls to give their hands to the accused and his brother could not have justified the commission of the double murder---Brutal and grusome manner in which the murders of the said two innocent young girls were committed did not warrant any leniency in awarding sentence to the accused---Death sentence awarded to accused was upheld accordingly. State through Advocate-General, Sindh, Karachi v. Farman Hussain and others PLD 1995 SC 1 ref. (e) Penal Code (XLV of 1860)--- ----S. 302/34---Sentence---Duty of Court while deciding the question of guilt or sentence in murder cases and other heinous offences---Courts should realise that they owe duty to the legal heirs/relations of the victims and also to the society---Sentences awarded should be such which should act as…

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