Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302/34 & 392---Constitution of Pakistan (1973), Art.185---Appeal to Supreme Court---Reappraisal of evidence---Murder---Common intention--­Guilt against accused falling within the mischief of Ss.392, 302 & 34, P.P.C. fully stood established as accused's counsel had opted not to press the appeal on merits but to pray for reduction in the quantum of sentence--­Accused along with co-accused committed crime of snatching motorcycle from the deceased being fully armed with deadly weapons and their such action fell within the mischief of S.392, P.P.C. and after completion of said offence when both the accused were fleeing away, the deceased alongwith his companions as a last resort attempted to resist the accused so that they may not take away their motorcycle---Accused sitting on the rear seat, took out a pistol from his trouser and opened fire which landed on the vital part of the person of the deceased and proved sufficient to cause his death---Action of both the accused to the extent of snatching of the motorcycle would be considered in furtherance of common intention but for the murder of the deceased co-accused would not be responsible because he was driving the motorcycle being seated on the front seat and it was the accused who opened the fire upon the deceased---Record showed that co-accused had no knowledge that the accused was armed with a pistol---Evidence had not shown that accused had tired upon the deceased at the instigation of the co-accused---Accused alone, in circumstances, was responsible for the offence of murder---Offence committed by the co-accused fell within the mischief of S.392, P.P.C. as he was not responsible for the murder of the deceased. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--Constitution of Pakistan (1973), Art. 185---Appeal to Supreme Court---Intentional murder---Normal penalty---Leniency in punishment on ground of age---Principles---Provision of S.302(b), P.P.C. envisaged sentence of death or life imprisonment as Tazir having regard to -the facts and circumstances of the case---Normal penalty for the commission of offence of murder was death and when material available on record…

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