Law: Pakistan Penal Code, 1860

Section: 302

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to complainant to scrutinize in detail the points: Whether when prosecution had proved the guilt of accused and normal penalty provided for murder was death, then the accused was not legally obliged at least to have narrated the circumstances justifying the imprisonment of lesser penalty; that whether in view of the evidence of prosecution witnesses High Court was justified to hold that the motive had not been established and whether it was the -rule of universal application to award lesser penalty whenever the prosecution failed to prove motive or the motive appeared to be insufficient. (b) Penal Code (XLV of 1860)--- ----S. 302---Sentence, enhancement of---High Court had reduced the sentence of death of accused to imprisonment for life on the ground that neither the motive was established by the prosecution nor it was known as to what had happened just before the incident which remained shrouded in mystery---Such being the old plea had been discarded by Supreme Court as a mitigating circumstance to reduce the normal penalty of death to imprisonment for life, particularly when the prosecution had proved its case beyond any shadow of doubt---Accused had committed the murder of Cashier inside the Bank in broad-daylight and caused serious injuries to the prosecution witnesses with repeated "Chhuri" blows---Accused had injured the deceased only on his refusal to hand over the keys of cash box and he was apprehended at the spot just outside the Bank by the people and was handed over to police---Ocular account was corroborated by medical evidence and was further supported by circumstantial evidence such as confessional statement, recovery of blood-stained "Chhuri" and blood-stained pistol---Accused had acted in a callous, ruthless and cruel manner while taking the life of the deceased and injuring the prosecution witnesses intentionally and sentence of death awarded to him by Trial Court was proportionate to the gravity of the offence---Impugned of High Court was consequently set aside and death sentence was awarded to accused in…

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