Law: Pakistan Penal Code, 1860

Section: 365A,302

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Criminal Procedure Code (V of 1898)

Section: 243

Penal Code (XLV of 1860)---- ----Ss. 365-A & 302---Criminal Procedure Code (V of 1898), S.243--­Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to complainant to consider the questions; as to whether after pleading guilty by the accused it was obligatory upon the Trial Court to have issued a separate show-cause notice to him in terms of S. 243, Cr.P.C. calling upon him to explain as to why he should not be convicted for the offences charged against him; whether in view of the s reported as 1999 SCMR 1668 and 1999 SCMR 2722, High' Court had not erred in law in awarding lesser punishment to the accused despite concluding that the charge under S. 302, P.P.C. fully stood established against him; whether any mitigating or extenuating circumstances were available in favour of accused to award him lesser punishment by converting death sentence into imprisonment for life; and whether accused had been rightly acquitted of the charge under S. 365-A, P.P.C. Abdul Wahab v. State 1999 SCMR 1668 and Noor Muhammad v'. State 1999 SCMR 2722 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---Petitioner Dr. Jehandad Shah father of deceased Ameenullah, 10 years old, seeks leave to appeal against the judgment passed by High Court of Balochistan, Quetta, dated 16th October, 2000, whereby Criminal Appeal No.224 of 1999 filed by respondent (convict) Muhammad Ashraf son of Muhammad Rafiq against his conviction of death sentence awarded to him under sections 302/365-A, P.P.C. He was acquitted under section 365-A, P.P.C. and under section 302, P.P.C. his sentence was reduced from death to life imprisonment. Relevant para. from the judgment is reproduced hereinbelow:-- "It was well-settled principle of law now that in absence of motive being proved capital sentence cannot be awarded in the present case, where prosecution- case is based on circumstantial evidence, the learned counsel has failed to show us that how the motive stood proved. (1999 MLD 1244). Thus, in our considered opinion the motive has been suppressed by the parties and remained shrouded in mystery leading to unfortunate incident. Thus something must have happened between the parties…

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