Law:

Section:

(i) Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b), 460 & 34--Constitution of Pakistan, 1973, Art. 185(3)--Leave to appeal--Qatal-i-Shube--Conviction and sentence recorded against accused by trial Court--Appeal was dismissed--Challenge to--Injuries were on sensitive part of body--Identification--Unseen occurrence--Occurrence was at mid night--Accused being neighbours of the deceased were identified in the electric light available in Courtyard, hence no question of mistaken identity or substitution--Motive for the occurrence was a querral between the parties about 3/4 months ago--Deceased was hit with lathis on sensitive part of body knowingly that the injuries may be fatal to life and cause death--Held: Act would squarely fall, within the ambit of S. 302(b) of PPC as tazir and contention of the accused that it was a case of qatal-i-shuba-e-amd has no substance--Intention to commit the crime can be gathered from the attending circumstances and all the essential elements of committing an intentional murder were traceable on record to bring the case within the purview of qatl-i-amd--Prosecution has been successful in proving the charge of murder against the accused and they have been rightly convicted u/S. 302(b) PPC. [P. 429] A (ii) Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Constitution of Pakistan, 1973, Art. 185(3)--Qatl-i-Amd--Collective role of injuries to deceased--Quantum of conviction--Conviction and sentence recorded against accused--Appeals were dismissed--Strong mitigation--There is a strong mitigating or extenuating circumstance, the Court is not supposed to withhold the normal penalty in its discretion--Accused have been assigned the collective role of causing injuries to the deceased with soties, which is an ordinary weapon--Deceased died in the hospital after seven days of the occurrence and this was also not ascertainable that which injury was individually fatal and who was responsible for causing such injury--There was also no serious enmity between the parties and in view of the above features of the case--Sentence of life imprisonment awarded to the accused/convicts would call no interference. [Pp. 429 & 430] B…

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