LAHORE - The Supreme Court of Pakistan has required the Courts to observe extreme care while exercising choice and discretion in the award of death penalty to an accused person. The Bench headed by Justice Javed Iqbal and comprising Justice Sayed Zahid Hussain and Justice Muhammad Sair Ali while giving stress on thorough examination of the facts and circumstances of the case before delivering death or life to an accused, required the court to take extra care while awarding death which it added, means 'deprivation of life which is a blessing God, His immediate gift and a right inherited by nature in every individual. In 57-page detailed judgment on an appeal filed by one Muhammad Sharif, the Court said while bestowing fundamental rights under Article 9, the Constitution lays emphasis on 'not at all depriving a person of life or liberty save in accordance with law. In the context of Section 302 (b)s of the PPC, it said, a heavy duty has been entrusted upon the courts and the judges to weigh and analyse facts and circumstances of a particular case before exercising discretion of awarding penalty. The court said it is the time that contemporary trends should also be kept in view and added, as a matter of protecting fundamental right, a Court may exercise its discretion in favour of lesser punishment (depending upon the circumstances of the case), which will also be strictly legal for having backing of the statutory provision of Section 302 (b)c of PPC. With reference to various judgments particularly that came from the Indian SC, the Court said, while scrutinising aggravating or mitigating circumstances of a case, attention must also be paid to the circumstances of the offender. It said murder is a cruel act but that cruelty may vary in its culpability. The extreme penalty of death needs not be inflicted except in gravest case of extreme culpability. Death sentence must be imposed only when life imprisonment appears to be an altogether inadequate punishment having regard to the relevant circumstances of the crime, the court said while referring to Machi Singh case of 1983 and added, death penalty will be justified such as when the murder is committed in an extremely brutal, grotesque, diabolic, revolting or dastardly manner, so as to arouse intense and extreme indignation of the community. The Court also observed in relation of examining evidence in a murder case that the onerous duty of the court is to sift chaff from the grain. It is its duty to know from analyzing the prosecution and the defence evidence from various angels that how far the incriminating material is available to bring home the guilt and involvement of an accused in the commission of the offence. With reference to Ajun Shah case of 1967, the court said, man is a creation of his environment and his action (in case of an offence) must be judged in the background of the society to which he belongs. With the said observations and in view of various judgments, the Court commuted the death awarded by the High Court to the appellant into life term while disposing of the case. The interesting feature of the case is the trial court had acquitted the appellant in the murder case but HC awarded him death.