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LHC reduces life imprisonment sentence of an accused to the time already served

LAHORE:Lahore High Court (LHC) has abolished the life imprisonment of the accused for pre- planning behind the murder has not been proved. The court maintained Punjab Sentencing Act -2018 does not apply to such cases where punishment of death sentence is fixed .

LHC issued order to Punjab government to deliberate over legal reforms related to determination of sentence in murder cases. Justice Muhammad Amjid Rafiq said in his decision amendments be made in Punjab Sentencing Act for creating room for court's discretion.

The court order has stressed on importance of giving opportunity of separate hearing to the accused before fixing sentence.

While deciding the case the court changed the sentence of the accused from section 302 (b) to Section 302 (c) of Pakistan Penal Code.

The court restricted the sentence of accused to the period what he has already served.

According to the decision the accused has served 12 years 11 months and 2 days sentence.

Justice Muhammad Amjid Rafiq accepted the appeal of the accused partly.

The court wrote in its decision no solid evidence regarding pre- planning or formal conspiracy of murder has been found.

The murder cannot be declared pre-arranged plan on the basis of rivalry between two groups of the boys.

The accused attacked with hockey stick during the clash suddenly. The evidence of eye witnesses conforms to medical evidence. Hockey strike on the head of the deceased proved fatal.

The LHC has upheld the decision of paying Rs 5 Lac compensation to legal heirs of the victim. However the accused will have to undergo 6 months more imprisonment in the event of non payment of compensation.

The court while making amendment in the sentence ordered to return trial court record.