Law:

Section:

(a) Penal Code (XLV of 1860)--Ss.302(c) & 324---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to re-appriase the evidence for considering the questions whether the acquittal of one accused and conviction of two other accused in the case was justified, if the conviction of the said two accused was justified on record whether the offence made out fell under S. 302(b), P.P.C. and not under S.302(c), P.P.C. and if such proposition was answered in the affirmative whether the imprisonment for life as Tazir was to be awarded to the aforesaid two accused. (b) Penal Code (XLV of 1860)--- ----Ss.302(c) & 302(b)---Punishment of Qatl-i-Amd------Application and scope of Ss.302(c) & 302(b), P.P.C. expounded. Prima facie the cases covered by clause (c) of section 302, P.P.C. are of Qatl-i-Amd: (1) where according to the Injunctions of Islam the punishment of Qisas is not applicable but not falling within the ambit of section 306, P.P.C. punishable under section 308, P.P.C.; (2) Qatl-i-Amd to which clause (b) of section 302, P.P.C. is attracted, namely, Qatl-i-Amd wherein proof in either of forms specified in section 304, P.P.C. is not available is punishable with death or imprisonment for life, by way of Tazir. The use of the word 'or' at the end of clause (b) of section 302, P.P.C. reinforces this interpretation. In other words, it is a class of Qatl-i-Amd which is not punishable with death as Qisas or death or imprisonment for life by way of Tazir but is liable in the matter of punishment to imprisonment of either description for a term which may extend to twenty-five years. The State v. Muhammad Hanif and 5 others 1992 SCMR 2047; Abdul Haque v. The State and another PLD 1996 SC 1 and Ali Muhammad v. Ali Muhammad and another PLD 1996 SC 274 ref. (c) Penal Code (XLV of 1860)--- ----Ss.302(c) & 302(b)---Appraisal of evidence---Motive in the case was that about a year prior to the occurrence a brother of the complainant and the deceased on the one hand and nephew of the absconder on the other hand had a quarrel inter se wherein the latter had been seriously injured, which was neither a case of "sudden" nor of a…

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