Qatl-i-Amd provided under law is death but since life imprisonment also being a legal sentence

Now coming to the quantum of sentence awarded to the appellant, we are of the view that our observations qua the alleged recovery of crime weapon and evidence of motive expressed in the preceding paragraphs coupled with the admitted acquittal of five coaccused of the appellant are sufficient mitigating circumstances necessitating the reduction in quantum of sentence awarded to the appellant by the learned trial court, therefore, in our opinion alternative sentence of imprisonment for life to Ghulam Haider (appellant) shall meet the ends of justice. In this regard, guidance is respectfully sought from the case of Muhammad Riaz and another v. The State and another (2007 SCMR 1413) wherein, the Hon’ble Supreme Court was pleased to observe as under:- 

“7. …No doubt normal penalty for an act of commission of Qatl-i-Amd provided under law is death but since life imprisonment also being a legal sentence for such offence must be kept in mind wherever the facts and circumstances warrant mitigation of sentence, because no hard and fast rule can be applied in each and every case.”

Part of Judgment

LAHORE HIGH COURT RAWALPINDI BENCH, RAWALPINDI

Criminal Appeal

155-09

2015 LHC 6748