The appellant was convicted on two counts of an offence under section 302(b), PPC and was sentenced to death on each count and to pay compensation. The appellant challenged his convictions and sentences before the High Court through an appeal which was dismissed to the extent of his convictions on both the counts of the charge under section 302(b), PPC but the same was partly allowed to the extent of his sentences of death which were reduced by the High Court to imprisonment for life on each count.
This appeal is partly allowed, the convictions and sentences of the appellant are set aside and they are substituted by his conviction on two counts of an offence under section 302(c), PPC with a sentence of rigorous imprisonment for twenty (20) years on each count and to pay a sum of Rs. 1,00,000/- to the heirs of each deceased by way of compensation under section 544-A, Cr.P.C. or in default of payment thereof to undergo simple imprisonment for six months on each count. The sentences of imprisonment passed against the appellant shall run concurrently to each other and the benefit under section 382-B, Cr.P.C. shall be extended to him. ...Muhammad Qasim =VS= The State, (Civil), 2019 (1) [6 LM (SC) 164] ....View Full Judgment

Murder is the intentional killing of a human being. It includes causing serious physical injury leading to the death of a human being. Murder is the unlawful killing of a human being with deliberate intent to kill: (a) murder in the first degree is characterized by premeditation; (b) murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.
Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or—
Secondly.—If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or—
3rdly.—If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or—
4thly.—If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. ….. [Section 300 of the Penal Code, 1860]
All murders are culpable homicides but all culpable homicides are not murder. Excepting the General Exceptions attached to the definition of murder an act committed either with certain guilty intention or with certain guilty knowledge constitutes culpable homicide amounting to murder. If the criminal act is done with the intention of causing death then it is murder clear and simple – If death is likely result of the injuries it is culpable homicide not amounting to murder; and if death is the most likely result, then it is murder. ….. [The State vs. Tayeb Ali (7 BLD 265 AD)]
See, Sections 299, 300 (exceptions 1 to 5), 301 and 302.