Law: Pakistan Penal Code, 1860

Section: 302

Law: Constitution of Pakistan, 1973

Section: 185(3),185

(On appeal from the , dated 3-2-2006 passed by the High Court Sindh at Karachi in Criminal Appeal No.6 of 2002 and Conf. Case No.1 of 2002). (a) Penal Code (XLV of 1860)---S. 302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to examine, inter alia, as to whether the High Court, under the circumstances of the case, was justified in confirming death sentence of the accused while at the same time acquitting two co-accused from the charge of murder on the same set of evidence. (b) Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan (1973), Art.185---Reappraisal of evidence---Benefit of doubt---Sentence, reduction in---Mitigating circumstances---Death of accused was confirmed by the High Court while acquitting the two co-accused on same set of evidence giving them benefit of doubt---Ocular evidence qua the co-accused was admittedly not believed by the Appellate Court by observing that "the evidence was exaggerated and required corroboration which was lacking"---Motive as set up by the prosecution remained unproved---Evidence with regard to recovery of weapons was not admissible---Accused was in his advanced age and was in continuous incarceration since 1995, and in death cell as condemned prisoner since 29-12-2001---Question of sentence required utmost care and caution on the parts of the courts, as such decision restrict the life and liberties of the people---Principle underlying the concept of benefit of doubt could, in addition to the consideration of question of guilt or otherwise,. be pressed also in matter of sentence---Mitigating circumstances for awarding lesser penalty, therefore, existed in the given situation---Supreme Court, while dismissing the appeal and maintaining the conviction, modified the sentence of death awarded to accused by awarding him imprisonment for life with benefit of S.382-B, Cr.P.C. Mst. Bevi v. Ghulam Shabbir and another 1980 SCMR 859 rel. Israr Ali v. The State 2007 SCMR 525 and Iftikhar Hussain and another v. The State 2004 SCMR 1185 ref. JUDGMENT MUHAMMAD MOOSA K. LEGHARI, J.--- The appellant along with three other accused persons was tried by IVth Additional Sessions…

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