Law:

Section:

(a) Penal Code (XLV of 1860)----S. 302---Sentence---Motive---Lack of motive or weakness thereof is immaterial to withhold the normal penalty of death in murder cases. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Constitution of Pakistan (1973), Arts.185(3) & 199(3)--¬Accused at the relevant time being on duty in his unit and as member of the Armed Forces of Pakistan was completely amenable to Pakistan Army Act and jurisdiction of High Court by virtue of Art. 199(3) of the Constitution was barred with regard to the conviction and sentence passed upon him by the Field General Court Martial---Trustworthy evidence had squarely brought home the guilt against the accused beyond any doubt---Murder was a brutal and gruesome one which was committed in a broad-daylight and that too inside the Unit of the Army---Death sentence, thus, was proportionate to the gravity of the offence--¬Impugned order of High Court commuting the death sentence of accused to imprisonment for life was consequently set aside and the order of the Field Court General Martial awarding death sentence to accused was restored. Machhi Singh and others v. State of Punjab AIR 1983 SC 957 and Bachan Singh v. State of Punjab AIR 1980 SC 898 ref. ORDER SH. RIAZ AHMAD, C.J.-----This appeal by leave of the Court impugns the legality of Judgment dated 12-12-2001 whereby a learned Division Bench of the Lahore High Court, Rawalpindi Bench, accepted the writ petition preferred on behalf of the respondent to call in question his conviction and sentences awarded to him by the Field General Court Martial in terms of order, dated 27-1-2000, subsequently confirmed by the Chief of the Army Staff on 5-4-2000, and modified his death sentence to life imprisonment for "Qatl-i-Amd" if Sepoy Aziz-ur Rehman of his unit in the Army. 2. Lance Naik Manzoor Ahmad (2556581) deposed that on the day of occurrence at about 3-25 hours, he was performing his duty as Line Guard On hearing certain voice, he had moved in that direction but found none around, but after a short while, he witnessed that respondent was causing blow with an axe in his hand to deceased Aziz-ur-Rehman, Sepoy of his unit. He caught hold the respondent at…

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