Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appraisal of evidence---Accused along with his father and elder brother had caused the premeditated murders of two persons---Three crime empties secured from the spot had matched with the pistol of accused---Ocular testimony was supported by medical evidence---Accused was 19-1/2 years old at the time of occurrence and he had not claimed to have acted under the influence of his father or due to the humiliation caused to his family by the deceased by slapping his father in the presence of many persons---Even if it was so, the same by any logic could not entitle the accused to commit brutal murders of two persons, one on the spot and the other by chasing him---While considering mitigating circumstances the principle of proportionality could not be lost sight of and some semblance proportion must exist between the injury or insult given by the deceased and the reaction---Penalty of death must be imposed if the Court had found the manner and method of incident to be brutal, horrific, heinous or shocking involving terrorism---In the absence of some mitigating circumstances normal sentence in a conviction under section 302(b) P.P.C. was death---Trial Court had rightly convicted and sentenced the accused to death for having committed two brutal murders---Impugned of High Court reducing death sentence of accused to imprisonment for life was consequently set aside and the of Trial Court was restored and confirmed accordingly. Tariq and 2 others v. The State 1995 SCMR 168; Mst. Hafeezan Bibi v. Muhammad Tufail and others 1995 SCMR 256; Liaquat Ali and others v. The State 2000 SCMR 1455; Sultan and another v. The State 2000 SCMR 1818; Sohail Iqbal v. The State 1993 SCMR 2377; Ghulam Sarwar and others v. Sajid Ullah and others 2005 SCMR 1054; Iftikhar Ahmed Khan v. Asghar Khan and another 2009 SCMR 502; Khalas Khan and another v. The Crown PLD 1954 Lah. 73; Iftikahar v. The State PLD 1972 Pesh. 27; Moazam Shah v. Mohsan Shah and another PLD 2001 SC 458 and Muhammad Ilyas and another v. Muhammad Sufian and another PLD 2001 SC 465 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd--- Sentence---…

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