Pakistan Penal Code 1860

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اگر وجہ عناد (Motive) ثابت نہ بھی ھو تب بھی بہیمانہ قتل کا مجرم سزائے موت کا حقدار ھوگا۔ وجہ عناد (Motive) ثابت نہ ھوناہر مقدمہ قتل میں سزائے موت کو عمر قید میں تبدیل کرنے کی وجہ نہ ھے
PLJ 2023 CrC 174

Weakness of motive or failure of prosecution to prove it, loses significance in a barbarous murder incident and the convict deserves no leniency in the quantum of sentence. The weakness of motive or failure of prosecution to prove it can admittedly be made basis for having resort to alternate sentence of imprisonment for life provided in Section 302 (b) PPC but such rule is not inflexible and deviation can be made from it if the deceased is done to death with display of brutality.
For deciding the quantum of sentence under Section 302 (b) PPC no statutory guidelines are given, thus each case is dependent upon the peculiar background and the manner in which a person is assassinated. In our view, homicide cases can be classified in two categories, out of which one pertains to incidents where persons are killed out of human frailty, morbid jealousy, loss of tamper or without display of brutality, etc. and the second class is of ferocious killing wherein innocent persons are assassinated in a savage manner. In the former class of cases, the Court can opt for the alternate sentence of imprisonment for life but in the latter category of cases the infliction of death sentence is warranted. The conversion of death sentence into imprisonment for life, in cases wherein an innocent person is slain by inflicting successive lethal injuries is nothing but extending mercy to a killer who displayed no clemency towards the victim, thus will be nothing but mockery of exercising the discretionary powers vested in a Court under Section 302 (b) PPC. The award of death sentence to the perpetrators of barbarous killings besides creating deterrence is also destined to console the legal heirs of the victim, to whom the Courts owe duty while administering justice. The term ‘just decision’ stands for a finding which is in conformity with the facts of the case and law on the subject giving what is due to a perpetrator in reference to the quantum and magnitude of aggression committed by him towards the victim. A decision can be termed as just only if it is based on rationality, correct interpretation of law and the conviction is in proportionate to the manner in which the crime is committed by the delinquent.
On the same analogy, it can inevitably be held that conversion of death sentence into imprisonment for life in a case of brutal killing can by no stretch be taken as justice in its true import and sense. The wrath of injustice falls on the litigants who further resort to bloodshed, effecting the society at large and create unrest. The maximum punishment in cases like the instant one, creates deterrence forcing the individuals to follow the law even if their rights are encroached upon or usurped by their adversaries. We are not oblivious of the fact that there is no dearth of murder cases in which the actual culprits are successful in getting rid of punishments due to insufficiency of incriminating evidence, false and tutored witnesses, defective investigations, overawing of witnesses in trials protracted with design and discrepant medical evidence furnished either due to lack of experience or with some sinister motive. We are leaned to hold that in a proved brutal murder case, the Courts must not display any reluctance for awarding sentence of death.

Evidence
Relevancy of facts and appreciation of matter

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300 LEGAL Words are most helpful for Legal drafting.

Expedient – To Prioritize , to rush
Cavil – Argument by which a conclusion evidently false , is drawn from a principle evidently true.
Elusive – Difficult to find , catch or achieve.
Scuffle – a short , confused fight or struggle at close quarters.
Credential – a qualification, achievement , quality, or aspect of a person ‘s background , especially when used to indicate their suitability for something.
Oblivious – Aware.
Accustomed – Customary ; usual.
Treacherous – Guilty of or involving betrayal.
Erudite – learned.
Accentuating – More noticeable.
Crescendo – Progressive increase in intensity.
Tedious –Too long , slow or dull.
Dreadful – involving great suffering.
Enigma – Mysterious or difficult to understand.
Sceptical – Doubtful.
Sardonic – grimly mocking or cynical.
Habeas corpus – a prerogative writ to a person who detains another in custody and which commands him to produce or ‘ have the body of that person before him ‘
Mesne – middle, intervening or tame by nature.
Per se – by itself
Nocumentum – an annoying , unpleasant or obnoxious thing or ptactice.
Non obstante – notwithstanding
Prima facie – on the face of it.
Aequitas – Equity i.e fair or just according to natural law.
Bona fide – in good faith.
Certiorari – a writ of a superior court calling forth the records and entire proceedings of an inferior court or a writ by which causes are removed from an inferior court into a superior court.
Obiter dictum – an incidental and collateral opinion uttered by a judge while delivering a judgement and which is not binding.
Pari material – on the same material.
Pendente lite – during the process of litigation.
Supra – above.
Status quo – the state in which the things are , or were.
Volkogeist – general awareness of the people.
Res judicata – a case or suit already decided.
RE – in the matter of.
Ratio Legis – according to spirit of law
Scienter – knowledge ; an allegation in a pleading that the thing has been done knowingly.
Ex gratia –as an act of grace or favour.
In rem – an act , proceeding or right available against the world at large, as opposed to in personam.
Noscitur a socits – a word known by its associates , i.e the meaning of a word cab be gathered from the context.
Res sub judicata – a matter under judicial consideration.
Ad hoc – created or done for a particular purpose as necessary.
Pertinent – Relevant or applicable to a particular matter , apposite.
Curative petition – question arises whether an aggrieved person is entitled to any relief against the final judgment / order of the Supreme Court, after dismissal of a review petition
Erect –rigidly upright or straight.
Advent – arrival of a notable person or thing.
Submergence – to cover ; bury.
Vicinity –the area near or surrounding a particular place.
Detention –the act of detaining someone or the state of being in official custody.
Rebuttable – an instance of rebutting evidence or an accusation.
Preclude – prevent from happening ; make impossible.
Discrepancy – an illogical or surprising lack of compatibility or similarity between two or more facts.
Superannuation – pension paid to a retired employee who has contributed to a superannuation fund.
Ordinance – An authoritative order
Promulgation – to make known by open declaration; publish ; proclaim formally or put into operation.
Consortium – the right of association and companionship with one’s husband or wife
Averred – allege as a fact in support of a plea
Estoppel – the principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination.
Plenary – unqualified ; absolute
Impugned – dispute the truth , validity or honesty of ( a statement or motive ) ; call into question.
Prejudiced – harm or injury that results or may result from some action or judgement.
Legal Luminary – a person who inspires or influences others , especially one prominent in a particular sphere.
Plagiarized – the act of appropriating the literary composition of another , or parts or passages of his writings , or the ideas or language of the same , and passing them off as the product of one’s own mind.
Evacuee – A person evacuated from a place of danger.
Demarcate – Set the boundaries or limits of.
Unfettered – not confined or restricted
Discernible – able to be discerned ; perceptible.
Arenas – a place or scene of activity , debate , or conflict.
Transgression – An act that goes against a law , or code of conduct ; an offence.
Construed – interpret in a particular way.
Consonance – Agreement or compatibility , between opinions or actions.
Retrospectively – looking back.
Dissuade – persuade not to take a particular course of action.
Rationale – set of reasons.
Embezzlement – Theft or misappropriation of funds placed in one’s trust or belongings to one’s employer.
Perished - die , especially in a violent or sudden way.
Inter alia – among other things
Arbitration – the Must of an arbitrator to settle a dispute.