Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)-------Ss.302 & 307---Constitution of Pakistan (1973), Art. 185(3)---Sentence--­Award of death sentence to accused by Trial Court and confirmed by High Court---Validity---Leave to appeal was granted by Supreme Court to examine as to whether in view of circumstances a lesser penalty could be awarded to the accused. (b) Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan, (1973), Art. 185(3)---Reappraisal of evidence ---Qatl-e-Amd---Sentence of death---Validity---Accused and absconding accused (his brother) had gone to the house of deceased with full knowledge and intention that they will not spare him in case the hand of wife of absconding accused was not handed over to them for taking her to their house---Accused on their arrival in the house of deceased threatened him to be prepared to face the consequences about refusal of the hand of the lady--­Accused admittedly had given several sharp side blows from hatchet on the neck of the deceased resulting in complete severing of' his neck---From such brutal act of accused nothing but an intention to commit Qatl-e-Amd could be gathered---No extenuating circumstance to award lesser sentence to the accused was, therefore, present in circumstances---Supreme Court maintained the sentences awarded by the High Court. Dil Muhammad Tarar, Advocate Supreme Court for Appellant. Ch. Muhammad Akram, Advocate Supreme Court for the State. Date of hearing: 2nd May, 2000. JUDGMENT ABDUL HAMEED DOGAR, J.---This appeal by leave of the Court has arisen out of judgment, dated 11-2-1996 of Lahore High Court, Multan Bench, whereby appellant Muhammad Hussain's conviction and sentence of death under section 302, P.P.C. awarded to him for committing murder of Muhammad Ramzan by the learned Additional Sessions Judge, Muzaffargarh was upheld. His conviction and sentence under section 307, P.P.t. for causing injuries to complainant Ghulam Rasool and murderous attack on P.W. Pir Bakhsh was also maintained. 2. Leave to appeal was granted by this Court to examine as to whether in view of circumstances as lesser penalty can be awarded to the appellant as A urged in leave granting order. 3. The case of…

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