Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 302(b) & 324---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to accused to consider only the question of sentence awarded under S.302(b), P.P.C. on the ground of minority, who was stated to be 16 years of age at the time of commission of offence. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Qatl-e-amd and attempt to commit qatl-e-amd---Appraisal of evidence---Sentence, reduction in---Accused with premeditation had committed the murder of the deceased in day time, which was supported by eye-witnesses---Appeal was rightly not pressed on merits and only death sentence of accused was sought to be converted into imprisonment for life on the ground of his minority at the time of incident---While recording statement of accused under S.342, Cr.P.C. his age was mentioned as twenty years and, thus, he was about 16 years when occurrence took place---Ground of minority despite having been urged before Trial Court and High Court did not receive any serious consideration---Accused had also pleaded his tender age before Supreme Court in his defence in his jail petition---Accused having been found 16 years of age at the time of occurrence, his sentence of death was altered to imprisonment for life under S.302(b), P.P.C.---Conviction and sentence of accused under S.324, P.P.C. were, however, kept intact---Appeal was disposed of accordingly. Muhammad Afzal v. State 1999 SCMR 2851; Sohail Iqbal v. The State 1993 SCMR 2377; Iftikhar-ul-Hassan v. Israr Bashir and another PLD 2007 SC 111; Ghulam Murtaza v. State 2004 SCMR 4; Faqir Ullah v. Khalil-uz-Zaman 1999 SCMR 2203; Muhammad Akram v. State 2003 SCMR 855; Abdus Salam v. State 2000 SCMR 338; Muhammad Riaz and another v. The State 2007 SCMR 1413 and Iftikhar Ahmed Khan v. Asghar Khan and another 2009 SCMR 502 ref. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Sentence---Discretion---In the case of "Tazir" court may exercise its discretion to award punishment of death or imprisonment for life to accused for qatl-e-amd, keeping in view the facts and circumstances of the case. Muhammad Afzal v. State 1999 SCMR 2851; Sohail Iqbal v. The…

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