Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302 --- Constitution of Pakistan (1973), Art. 185(3) --- Contention was that the sentence of death imposed upon the accused was not in conformity with the principle governing dispensation of criminal justice --- Leave to appeal was granted by Supreme Court only to consider the quantum of sentence. (b) Penal Code (XLV of 1860)--- ---- S. 302 --- Sentence --- Mitigating circumstance---"Motive shrouded in mystery" by itself is not a mitigating circumstance for lesser sentence --- Principles explained. "Motive shrouded in mystery" is not a legal principle which can be applied in all murder cases for reduction of capital sentence where there is no motive alleged/proved by the prosecution or where initially a motive is alleged but the same is not proved or withdrawn or a different motive appears in the prosecution evidence. "Motive shrouded in mystery" by itself is not a mitigating circumstance for lesser sentence. Where there is no motive alleged but the guilt of the accused is otherwise established on the basis of evidence, it could be said that in such a case the motive is "shrouded in mystery" and that it cannot be said as to what was the precise and immediate reason for the murder. But there is no legal requirement that in order to award maximum penalty of death in a murder case, the motive should be alleged and proved and that, if the prosecution proves the case against an accused in a murder case beyond reasonable doubt, the normal sentence is death. If the normal sentence was not awarded, the Court is required to make out a case for reduction of sentence on the basis of mitigating circumstances. Therefore, in murder cases where no motive is alleged, the same remains shrouded in mystery; yet, if the prosecution establishes its cases against the accused beyond reasonable doubt, the normal sentence awarded in such case is death, unless there are mitigating circumstances justifying award of lesser sentence. When the plea is advanced that motive is shrouded in mystery, evidence or circumstances should be such that there is a definite indication or inference that murder must have taken place on account of provocation or other reason…

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