Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Constitution of Pakistan (1973), Art. 185 (3)---Leave to appeal was granted by Supreme Court to consider; whether High Court was justified to alter death sentences of accused into imprisonment for life on the ground when accused had committed preplanned murder at odd hours of night after trespassing into the house of deceased. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b)/34, 315 & 316---Reappraisal of evidence---Qatl Shibh-i-Amd and Qatl-i-Amd---Weapon of offence---Nature---Accused trespassed into the house of deceased at odd hours of night and caused lathi blows which resulted into his death---Trial Court convicted and awarded death sentence to accused but High Court converted the sentence into imprisonment for life---Plea raised by accused was that it was a case of Qatl Shibh-i-Amd and not Qatl-i-Amd --Validity---Supreme Court, in view of the factual position of scene of occurrence, declined to take any exception to concurrent findings of two Courts regarding guilt or accused---Case was not that of Qatl Shibh-i-Amd as accused trespassed into the house of deceased during night, caused him blows with lathis on sensitive parts of body knowing that the injuries might be fatal and cause death---Such act of accused squarely fell within the ambit of S.302(b), P.P.C. as Tazir---Intention to commit crime could be gathered from attending circumstances and all essential elements of committing intentional murder were traceable on record to bring the case within the purview of Qatl-i-Amd---Prosecution had been successful in proving charge against accused and they were rightly convicted under S.302(b), P.P.C.---Sentence of death was penalty in murder case and unless there had been a strong mitigating or extenuating circumstance, the Court was not supposed to withhold the normal penalty in its discretion---Accused who were real brothers, had been assigned collective role of causing injuries to deceased with Solis, which was an ordinary weapon---Deceased died in hospital after seven days or occurrence and it was also not ascertainable that which injury was individually fatal and who was responsible for causing such…

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