The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 302

Normal punishment for the offence of committing murder is capital sentence, but if there is any extenuating circumstance, then only alternative lesser punishment may be awarded. Punishment under section 302 of the Penal Code is to be determined not with reference to the volume or character of the prosecution witnesses but with reference to the fact whether there is any extenuating circumstance which can mitigate the enormity of the crime. If it is satisfied that there is such mitigating circumstance, only then, it is justified in imposing lesser of two sentences provided by law. ......................................(26)