Law:

Section:

Penal Code (XLV of 1860)-------S.302 (b)---Constitution of Pakistan (1973), Art.185 (3)---Re­appraisal of evidence---Confessional statement---Grave and sudden provocation---Double murder---Accused made a confessional statement that on seeing his cousin and her paramour in compromising position, he murdered them---Accused was convicted and sentenced to death by Trial Court on the basis of his' confessional statement---High Court converted death sentence into imprisonment for life---Validity---From reading of confessional statement it was clear that the accused committed murder on grave and sudden provocation---Confession or admission when made sole basis of conviction must be considered as a whole---High Court was justified to convert death into life imprisonment---Supreme Court had even reduced sentence in such type of cases to sentence of five years High Court was justified in reducing the sentence of convict from death to life imprisonment with cogent reasons and the same was in consonance with the settled law---Accused could be convicted on his own statement even if prosecution evidence was rejected---High Court had already reduced the sentence of death to life imprisonment and accused failed to point out that discretion exercised by High Court amounted to miscarriage of justice---Leave to appeal was refused. Hamid ullah Khan's case PLD 1989 Pesh. 22; Muhammad Aksar's case 1990 SCMR 1053; Kamal's case PLD 1977 SC 153; Karamat Ali's case 1976 SCMR 138; Mst. Fazal Elahi's case 1984 SCMR 137; Allah Wasaya's case 1982 Pakistan SC cases 1482; Muhammad Iqbal's case 1990 ALD 693(1); Fazal Hussain's case PLD 1958 Lah. 142 and Baboo's case PLD 1961 Kar. 240 rel. Amanullah Kanrani, Advocate Supreme Court for Petitioner (in Criminal Petition No.25-Q of 2005). Tariq Mehmood, Advocate Supreme Court (in Criminal Petition No.26-Q of 2005). Nemo for Respondents. ORDER CH. IJAZ AHMAD, J.---We intend to decide both the aforementioned petitions by one consolidated order having similar facts and law arising out of the same impugned judgment. 2. The detailed facts have already been mentioned in the impugned judgment. However, necessary facts out of which the present petitions…

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