Summary: (a) Pakistan Penal Code, 1860----Ss. 302(a), 302(b), 302(c), 304, 306, 307 & 308---Qatl-i-amd (intentional murder)---Distinction between Qisas and Ta’zir---Scope and applicability of Section 308, P.P.C.---Authoritative interpretation---Supreme Court clarified that Qisas and Ta’zir are two distinct and mutually exclusive legal regimes under Islamic criminal jurisprudence---Section 308, P.P.C., providing alternate punishment where Qisas is not liable or enforceable, is applicable only in cases where Qisas is otherwise attracted but barred due to specific exceptions under Ss. 306 or 307, P.P.C.---Where murder is proved without fulfilling the evidentiary requirements of S. 304, P.P.C., such case falls within the Ta’zir domain under S. 302(b), P.P.C., and Ss. 306–308, P.P.C., have no application---Confusion arose due to earlier judgments applying S. 308, P.P.C., to Ta’zir cases without assessing whether Qisas was applicable---Court categorically held that benefit under S. 308, P.P.C., is not available in cases where conviction is under S. 302(b), P.P.C. as Ta’zir.(b) Penal Code (XLV of 1860)----S. 306---Qatl-i-amd not liable to Qisas---Categories defined---Provision does not create a distinct offence but provides exceptions to the enforcement of Qisas in cases where the offender is a minor, insane, parent, or where Wali is a direct descendant---Offenders falling under this provision may be exempt from Qisas but may still face punishment under S. 308, P.P.C., provided the case otherwise qualifies as Qisas.(c) Penal Code (XLV of 1860)----S. 308---Punishment in Qatl-i-amd not liable to Qisas---Limited application---Provision operates only where Qisas is applicable but not enforceable due to exceptions in Ss. 306 or 307, P.P.C.---Does not apply to cases where punishment is awarded as Ta’zir under S. 302(b), P.P.C.(d) Case Law---Conflicting Precedents---Resolution by Larger BenchCourt reviewed case law spanning over two decades and resolved the long-standing judicial divergence regarding the applicability of Ss. 306–308, P.P.C.---Judgments in cases such as Khalil-uz-Zaman v. Supreme Appellate Court (PLD 1994 SC 885) and its reversal in Faqir Ullah v. Khalil-uz-Zaman (1999 SCMR 2203) revisited---Court held that the latter judgment by a five-member bench holds greater authoritative value and correctly laid down the law---All subsequent decisions granting benefit of S. 308, P.P.C., in Ta’zir cases were held per incuriam to the extent they ignored or misapplied Faqir Ullah’s ratio.(e) Qanun-e-Shahadat Order, 1984----Art. 17---Tazkiyah-tul-shahood---Precondition for Qisas punishment---Qatl-i-amd punishable as Qisas can only be awarded if confession or competent eyewitness testimony (in accordance with Islamic standards) is provided---Failure to meet these requirements shifts the case to Ta’zir regime under S. 302(b), P.P.C.(f) Constitution of Pakistan, 1973----Art. 203G---Interpretation of Islamic injunctions---Scope of judicial review---Supreme Court clarified that interpretation of Islamic injunctions for the purposes of testing repugnancy lies with the Federal Shariat Court and not with the Supreme Court or High Courts.Disposition:Court conclusively held that provisions of Ss. 306, 307, and 308, P.P.C. apply exclusively to cases of Qisas and are inapplicable to Ta’zir convictions under S. 302(b), P.P.C.---Judicial clarity reaffirmed on the doctrinal separation of Qisas and Ta’zir frameworks in Islamic criminal law.Cited Cases:• Faqir Ullah v. Khalil-uz-Zaman, 1999 SCMR 2203• Iftikhar-ul-Hassan v. Israr Bashir, PLD 2007 SC 111• Muhammad Akram v. The State, 2003 SCMR 855• Ghulam Murtaza v. The State, 2004 SCMR 4• Tauqeer Ahmad Khan v. Zaheer Ahmad, 2009 SCMR 420

Summary: (a) Penal Code (XLV of 1860): ----Ss. 302(b), 306, 308, 34--- Murder case---Conviction and sentence---Ocular evidence, motive, and medical corroboration---Maintainability of death sentence and mitigating circumstances. Accused Ahmad Nawaz was sentenced to death under Section 302(b) read with Section 34, PPC, while co-accused Muhammad Ramzan and Allah Bukhsh were sentenced to life imprisonment with compensation under the same sections. Occurrence took place in broad daylight and was reported promptly to the police. Ocular evidence provided by two witnesses was corroborated by medical evidence, including 15 injuries coinciding with the number of accused, and the fatal injury to the deceased's head caused by Ahmad Nawaz with the blunt side of a hatchet. Prosecution successfully proved the motive related to a land possession dispute, though weak or absent motive was held not to constitute a mitigating circumstance as per Supreme Court precedent. Held, the death sentence of Ahmad Nawaz was confirmed, while Muhammad Ramzan's appeal was dismissed. Conviction and sentences were upheld. (b) Juvenile offender---Mitigation of sentence: ----Ss. 302(b), 306, 308, PPC & 342, Cr.P.C.--- Accused aged below 18 years at the time of the offense---Sentence altered from death to 14 years' rigorous imprisonment. Accused Allah Bukhsh, aged less than 18 at the time of the offense, was convicted under Section 308, PPC, instead of Section 302(b), PPC. Evidence of his age included a school leaving certificate corroborated by testimony, as well as his statement recorded under Section 342, Cr.P.C. Trial Court's sentence was modified to 14 years' rigorous imprisonment along with payment of diyat, with the benefit of Section 382-B, Cr.P.C., applied. Held, considering his age and lack of sufficient maturity, conviction was appropriately altered under the provisions of Section 308, PPC. (c) Criminal Procedure Code (V of 1898): ----Ss. 342 & 382-B---Prompt reporting and procedural compliance--- Occurrence reported promptly with no enmity between parties---FIR lodged at 12:30 p.m., just over two hours after the occurrence. Police promptly investigated the crime scene and recorded ocular and corroborative evidence. Accused's age was properly verified, and the court considered mitigating factors before delivering its judgment. Held, the prosecution proved its case to the hilt through credible ocular and medical evidence. ----Disposition: Death sentence of Ahmad Nawaz confirmed. Life imprisonment of Muhammad Ramzan upheld. Conviction of Allah Bukhsh altered to 14 years' rigorous imprisonment under Section 308, PPC, with benefit of Section 382-B, Cr.P.C. applied. ----Cited Cases: • Waris Khan v. The State (2001 SCMR 387)