Law:

Section:

(a) Penal Code (XLV of 1860) Ss. 302/34 & 307Constitution of Pakistan (1973), Art.185(3)­Awarding of death penaltyValidityLeave to appeal was granted by the Supreme Court only to consider whether award of death penalty to the accused persons in the circumstances of the case was justified or not. (b) Penal Code (XLV of 1860) S.302/34SentenceImposition ofPrinciplesQuestion of sentence in each case is to be determined on the facts of the caseDeath sentence is ordinarily imposed in murder cases unless the Trial Court, for the reasons to be recorded, considers it appropriate to award lesser penaltyIf the Court is satisfied that there are mitigating/extenuating circumstances then it would be justified in imposing lesser penalty of the two sentences awarded by law. (c) Penal Code (XLV of 1860) S.302/34SentenceMitigating/extenuating circumstances to award lesser punishmentFactorsDeterminationNo plea that the accused were less than 18 years of age or that accused acted under the command of their elder, the acquitted coaccused, or that incident had developed suddenly was raised or pleaded before the Trial Court Accused's case before Trial Court was that of total denial of the incident and that motive was said to be false onePleas of sudden flareup and accused being youthful offenders were taken before the High CourtTrial Court and the High Court, on scrutiny of the evidence found no place in the evidence to support contentions of the accused persons F.I.R. was lodged with promptitude wherein the accused had been nominated specially mentioning overt act on their part whereby two young brothers were murdered as pgr evidence on recordIncident had occurred because the accused persons had peeped through the window into the house of the deceased who forbade there, who then had gone away and when the deceased alongwith complainant were in the main Bazar the accused attacked the deceased with their daggers and caused the injuries on the persons of deceased which stood corroborated by the medical evidence­Incident having taken place suddenly or that something had taken place all of a sudden which led to the incident, could not be believedEvidence on record showed that after…

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