Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S.302---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider whether on the failure of the prosecution to prove the motive set up by it, the extreme penalty of death could have been awarded to the accused. (b) Penal Code (XLV of 1860)--S.302---Appraisal of evidence---High Court was justified to observe that the prosecution had failed to prove the motive part of its story---Normally where the motive was shrouded in mystery, the extreme penalty of death,-was not awarded---Conviction of accused was consequently maintained, but sentence of death awarded to him was reduced to imprisonment for life in circumstances. (c) Criminal trial--- ----Motive---Sentence---Normally where the motive was shrouded in mystery, the extreme penalty of death was not awarded---Conviction of accused was consequently maintained, but sentence of death awarded to him was reduced to imprisonment for life in circumstances. JUDGMENT SH. IJAZ NISAR, J.---This appeal by leave of the Court is directed against the judgment, dated 21-2-1993, passed by the Lahore High Court, Lahore, in Criminal Appeal No.255 of 1989 and Murder Reference No.77 of 1990. 2. The facts, in brief, are that Muhammad Yaqoob alias Qooba, petitioner herein, was tried alongwith Aftab Alam for the murder of Ikram Illahi deceased with a firearm. By judgment, dated 21-3-1989, the learned Additional Sessions Judge, Lahore, convicted the appellant under section 302, P.P.C. and sentenced him to death plus of fine of Rs.10,000 or in default to undergo one year's R.I. Half of the fine, if realised, was ordered to be paid to the deceased as compensation. Aftab Alam co-accused was, however, acquitted. On appeal, the learned High Court by judgment, dated 21-2-1993 maintained the conviction and sentence of the appellant. 3. Leave was granted to consider whether on the failure of the prosecution to prove the motive set up by it, the extreme penalty of death could have been awarded to the appellant. 4. The prosecution story is that about 3 months before the occurrence, Ikram Illahi deceased and Muhammad Yaqoob alias Qooba appellant had quarreled with each…

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