Law:

Section:

(On appeal from the dated 11-1-1995 of the Lahore High Court, Lahore, passed in Criminal Appeal No.747 of 1991 and Murder Reference No.340 of 1991). (a) Penal Code (XLV of 1860)--Ss. 302/149 & 148 --- Constitution of Pakistan (1973), Art. 185 (3) --- Three accused had been sentenced to death in the case --- Leave to appeal was granted by Supreme Court to reappraise the evidence on record and to consider, inter alia, whether in convicting the accused the principles enunciated for the appreciation of evidence by the Superior Courts for the safe administration of justice in criminal cases had been kept in view. (b) Penal Code (XLV of 1860)--- ---- Ss. 302/149 & 148 --- Appraisal of evidence --- Testimony of eye-witnesses was worthy of credence as they were not shown to have given evidence against the accused either for their own benefit or on account of enmity or some ulterior motive --- Eye-witnesses had justified their presence on the spot at the time of occurrence --- Ocular evidence was supported by medical evidence, recoveries from the spot and abscondence of the accused --- Conviction of accused was upheld in circumstances --- Sentence of death awarded to two accused was also maintained --- Third accused not being mature enough did not appear to have acted on his own, but had acted in the manner his father wanted him to do and he had committed the crime under the influence of his father --- Death sentence of the said accused was commuted to imprisonment for life in circumstances. Atta Muhammad v. The State 1995 SCMR 599; Atta Muhammad v. The State 1995 SCMR 599; Muhammad Noor and another v. Member-1, Board of Revenue, Balochistan and others 1991 SCMR 643; Amanullah v. The State PLD 1976 SC 629 and Janib and 2 others v. The State 1986 PCr.LJ 583 ref. (c) Penal Code (XLV of 1860)--- ---- S. 302 --- Appreciation of evidence--- "Tender -age" when to be pleaded as a mitigating circumstance --- Principle discussed. In Pakistan Penal Code, "tender age" has nowhere been defined, nor any fixed or inflexible criteria can be laid down so as to hold a particular age as "tender age". Therefore, to claim any benefit on this count, the accused must bring cogent…

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