TALIB vs THE STATE
This jail appeal challenges the judgment of the Additional Sessions Judge and Special Judge STA, Larkana, convicting the appellant under Section 302(b) read with Section 34 of the Pakistan Penal Code 1860, and sentencing him to life imprisonment with compensation. The core legal question concerned whether the sentence could be altered based on mitigating circumstances, specifically the advanced age of the appellant and the absence of any overt act attributed to him. The court held, with the consent of the State counsel, that the conviction should be converted from Section 302(b) to Section 302(c) of the Pakistan Penal Code 1860 in view of the appellant's old age (82 years) and the fact that he was empty-handed with only an allegation of instigation. The ratio established is that mitigating circumstances such as advanced age and lack of an overt act can warrant the conversion of a conviction under Section 302(b) to Section 302(c) along with a reduction of the sentence of imprisonment to the period already undergone, subject to payment of compensation.
- Whether advanced age and lack of overt acts can constitute mitigating circumstances for reducing a sentence under Section 302(b) of the Pakistan Penal Code 1860?
- Can a conviction under Section 302(b) of the Pakistan Penal Code 1860 be converted to Section 302(c) with the consent of the State counsel?
- Is a sentence of life imprisonment reducible to the period already undergone in cases involving an appellant who was empty-handed and accused only of instigation?
- Section 302(b), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 302(c), Pakistan Penal Code 1860
ORDER
1. Granted.
1. 2 and 3. This jail appeal is directed against the judgment dated 20-12-2004 passed by the learned I-Additional Sessions Judge, Larkana and Special Judge STA for Taluka Dokri and Shandadkot. The appellant has been convicted for the commission of offence under section 302(b), P.P.C. Read with section 34, P.P.C. By way of Tazir and has been sentenced to imprisonment for life and to pay compensation of Rs,50,000.
2. Heard the learned Advocates for the parties. After arguing at some length learned counsel for the appellant has submitted that there are mitigating circumstances for reduction of sentence awarded to the appellant. He has contended that the appellant is aged about 82 years and except the allegation of instigation no overt act has been attributed to him. According to the contents of F.I.R., as well as the eye-witnesses, appellant was admittedly empty-handed at the time of incident.
3. The learned counsel for the appellant has submitted that looking to the old age of, the appellant coupled with the fact that he was empty-handed at the time of incident it would be in the interest of justice to convert the conviction from section 302(b), P.P.C. To section 302(c), P.P.C. And reduce sentence to already undergone. He was arrested on 28-8-2001 and since then he is continuously in custody. The learned counsel for the appellant had further stated that the appellant is prepared to deposit the amount of Rs,50,000 which has been awarded as compensation to the legal heirs of deceased Khadim Hussain.
4. The learned State counsel has submitted that looking to the old age of appellant and allegation of instigation only he has no objection to the reduction of sentence.
5. ' By consent the conviction of the appellant is upheld but it isconverted from section 302(b), P.P.C.
6. To section 302(c), P.P.C. The sentence of imprisonment is reduced to already undergone. The amount of compensation is directed to be deposited with the Accounts Officer of this Court during the course of the day. After deposit of the compensation amount on behalf of appellant notice be issued to the complainant and amount be paid to him on proper verification and identification for distribution amongst the Aulliya (legal heirs of the deceased) according to their respective share.
7. ' The appellant is serving out sentence in Central Prison Larkana. He is directed to be released forthwith if not required in any other case.