Law:

Section:

(a) Penal Code (XLV of 1860)--- ---Ss. 299, 203(b) & 308---Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted by Supreme Court to consider and determine limited question as to quantum of sentence reduced by High Court from death penalty to imprisonment for 14 years. (b) Penal Code (XLV of 1860)--- ---Ss. 302(b), 306, 307(c) & 308---Murder not liable to Qisas---Punishment---Principles---Cases in which offender is not liable to Qisas for the reasons given in S.306, P.P.C. or punishment of Qisas cannot be enforced under S.307, P.P.C., provision of S.308, P.P.C. is attracted but in cases in which punishment of death is awarded under S.302(b), P.P.C. as Tazir, the provision of S. 308, P.P.C. is not attracted. (c) Penal Code (XLV of 1860)--- ----Ss. 299(k), 302(a), 302(b) & 304---Murder---Punishment of Qisas---Applicability---Right of Qisas means right of causing similar hurt on the same part of body and in case of death, the offender has to be done to death in the manner he committed death to his fellow person---Punishment of death as Qisas provided under S.302(a), P.P.C. cannot be awarded unless evidence in terms of S.304, P.P.C. is available---In case of Qatl-i-Amd in which punishment of Qisas cannot be awarded, the Court may on proving charge against offender, having regard to the facts and circumstances of the case, award him the punishment of death or life imprisonment as Tazir under S.302(b), P.P.C. (d) Penal Code (XLV of 1860)--- ----S. 302(b) & 308---Qatl-i-Amd---Minor offender---Punishment as Tazir---Scope---Minor offender of Qatl-i-Amd may in case of punishment of Tazir, avail the benefit of minority in the matter of sentence under S.302(b) P.P.C. but cannot claim the benefit of S.308, P.P.C. (e) Penal Code (XLV of 1860)--- ----Ss. 302(a), 302(b), 306, 307 & 308---Qatl-i-Amd---Punishment as Tazir and Qisas---Distinction---Only in cases of Qatl-i-Amd liable to Qisas under S.302 (a) P.P.C., provisions of Ss.306 and 308, P.P.C. are attracted and not in the cases in which sentence of Qatl-i-Amd has been awarded as Tazir under S.302(b), P.P.C.---Difference of punishment for Qatl-i-Amd as Qisas and Tazir provided under…

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