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TASAWAR HAYAT versus STATE


Sections 302 (b) can be relied on as evidence of suspicion and reliance on evidence that the motive portion of the incident was not beyond reasonable doubt that once the prosecution charged a motive, it was then to make that duty. Was to prove it too and when the prosecution failed to prove it too, it could be considered a mitigation. However, in the present case, the prosecution set a specific motive but could not be proved and the accused did not repeat the firing on the victim despite the opportunity, but the High Court pronounced the sentence but changed the death sentence to life imprisonment. Accordingly, the appeal was dismissed

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