Law:

Section:

(a) Penal Code (XLV of 1860)---S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to accused to consider the question whether in the peculiar facts and circumstances of the case accused deserved to be awarded lesser penalty of imprisonment for life instead of death sentence. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Appraisal of evidence---Accused had admitted his presence in the house of the complainant in his statement under S.342, Cr.P.C. and in a way had strengthened the prosecution case---Absence of motive or failure to prove the motive would not adversely affect the case of prosecution if the same had been proved by reliable evidence---Accused was armed with a pistol at the spot meaning thereby that he was fully prepared that if he was halted he would use the same---When complainant entered the room and found the accused; the latter brought out his pistol and made effort to decamp from the spot---When the deceased tried to stop him he fired at her taking her life---Sufficient evidence was present on record to establish the guilt of accused which was quite enough to hold that accused intended to cause of death of the deceased, who was having a child in her womb---Non-repeating of second fire shot was not a ground for lesser punishment---Accused had fired a fatal shot upon the deceased which caused her death, therefore, there was no question of any benefit being extended to him---Minor age of accused was also not established---Conviction and sentence of death of accused were upheld in circumstances. Syed Hamid Mukhtar Shah v. Muhammad Azam 2005 SCMR 427; Hameed Khan alias Hameedai v. Ashraf Shah 2002 SCMR 1155 and Arshad Ali alias Achhu v. The State 2002 SCMR 1806 ref. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Sentence---Non-repetition of fire---Effect---Where a fire-arm is aimed at the chest of the victim and accused causes fatal injuries on the said vital area, then non-repetition of the said act is hardly of any consequence in the matter of determining the quantum of punishment deserved by him. Syed Hamid Mukhtar Shah v. Muhammad Azam 2005 SCMR 427 ref. (d) Penal Code (XLV of 1860)--- ----S.…

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