Law:

Section:

Penal Code (XLV of 1860)---S.302---Constitution of Pakistan (1973), Art. 185(3)---Sentence, alteration of---Death sentence awarded to the accused by the Trial Court was altered into imprisonment for life by the High Court in appeal---Complainant had filed petition for leave to appeal against the of the High Court on the ground that it was a cold-blooded murder which warranted maximum penalty---Lesser sentence was awarded by the High Court on the ground that occurrence had taken place in a district where people normally carried guns and such-like' instances did take place there---Leave to appeal was granted by Supreme Court to consider as to whether the observations of the High Court could be treated as a mitigating circumstance for awarding lesser sentence. ORDER RASHID AZIZ KHAN, J.---Respondent No: 1, Ahmad Khan, with four others were tried for the murder of Maqsood Elahi. The trial Court vide its judgment dated 25-4-1995 convicted and sentenced Ahmad Khan respondent under section 302(b), Cr.P.C. to death with a direction to pay Rs.20,000 as compensation to the legal heirs of the deceased under section 544-A, Cr.P.C. and in…

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