Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)---Constitution of Pakistan (1973), Art. 185(3)---Qatl-e-¬amd---Leave to appeal was granted to accused by Supreme Court to consider the quantum of sentence only for safe administration of criminal justice. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appraisal of evidence---No previous enmity existed between the parties---Accused had admitted the occurrence by taking the plea that on seeing has wife being dragged with her torn clothes, he lost self-control and to save the life of his wife he had acted in his self-defence and committed the crime---Accused had set up the said plea at the tail end of the trial, but had not substantiated the same either by producing his wife in evidence to support him or even by availing the legal opportunity to appear as his own witness under S.340(2), Cr.P.C.---Prosecution evidence had gone unchallenged---Accused had acted in a brutal manner, who had fired two shots at the deceased and did not stop and continued firing injuring three prosecution witnesses---Accused had come to the spot duly armed with predetermination for committing the offence of qatl-e¬-amd---No mitigating circumstance was available in favour of accused for reducing his sentence of death---Appeal was dismissed accordingly. (c) Penal Code (XLV of 1860)--- ---S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art.121---Qatl-e-amd---Burden of proof on accused that his case fell within exception of Art.121, Qanun-e-Shahadat, 1984---Accused is under the statutory obligation to prove the special defence plea taken by him by some cogent, reasonable and prima facie acceptable evidence. Muhammad Zaman Bhatti, Advocate Supreme Court for Appellant. M. Siddique Khan' Baloch, Deputy Prosecutor-General for the State. Afshan Ghazaffar, Advocate Supreme Court for the Complainant. Date of hearing.: 14th April, 2010. JUDGMENT TARIQ PARVEZ KHAN, J.---Appellant Khadim Hussain has been awarded sentence of death under section 302, P.P.C. and to pay compensation amount of Rs. 50,000 to the legal heirs of the deceased Muhammad Shabbir and in default of payment of compensation to further undergo six months' S.I. He is accused of case…

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