| Citation(s) |
|---|
| 2003 SLG 916 2003 SLD 916 2003 SCMR 579 |
Supreme Court of Pakistan
Criminal Petition No. 110-L of 2001, decided on 22nd May, 2002. (On appeal from the judgment order, dated 23-1-2001 passed by Lahore High Court, Lahore in Criminal Revision No. 280 of 1994)
PRESENCE IFTIKHAR MUHAMMAD CHAUDHRY, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Talib H. Rizvi, Senior Advocate Supreme Court and C. M. Latif, Advocate-on-Record for Petitioner. Abdul Rauf Farooqui, Advocate Supreme Court for the State
Criminal Petition No. 110-L of 2001, decided on 22nd May, 2002. (On appeal from the judgment order, dated 23-1-2001 passed by Lahore High Court, Lahore in Criminal Revision No. 280 of 1994)
PRESENCE IFTIKHAR MUHAMMAD CHAUDHRY, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Talib H. Rizvi, Senior Advocate Supreme Court and C. M. Latif, Advocate-on-Record for Petitioner. Abdul Rauf Farooqui, Advocate Supreme Court for the State
AZIZ MUHAMMAD
VS
QAMAR IQBAL and others
Law: Pakistan Penal Code, 1860
Section: 302,34
Law: Constitution of Pakistan, 1973
Section: 13,185(3)
Law: Criminal Procedure Code (V of 1898)
Section: 403,382B
Penal Code (XLV of 1860)--- ----S.302/34---Criminal Procedure Code (V of 1898), S.403---Constitution of Pakistan (1973), Arts. 13 & 185(3)---Accused were arrested on 12-2-1985 and sentenced to death by Military Court, accused remained in Death Cell till 10-12-1991---On appeal the case was remanded to Sessions Court for retrial which convicted the accused under S.302/34, P.P.C. on 28-4-1994 and sentenced them to imprisonment for life each with benefit of S.382-B, Cr.P.C.---Accused during the period of retrial of the case continuously remained under incarceration and after availing the benefit of S.382-B, Cr.P.C. had been released from jail---Since the accused had served out the substantial/legal sentence for the offence of murder, they could not be awarded another sentence for the same offence in violation of Art. 13 of the Constitution and S5.403, Cr.P.C.---Leave to appeal was refused by Supreme Court accordingly. Mst. Razia Begum v. Jehangir and others PLD 1982 SC 302 and Mst. Promilla and others v. Safeer Alam and others 2000 SCMR 1166 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal .has been filed against the judgment dated 23rd January, 2001 passed by Lahore High Court. Lahore whereby criminal revision filed by petitioner has been dismissed. 2. There is no need of mentioning the facts of the case except that respondents were arrested on 12th February 1985. They were sentenced to death by the Military Court and they remained in Death Cell till 10th December, 1991. On appeal the case was remanded to Sessions Judge, Mandi Bahauddin for retrial, who vide judgment dated 28th April 1994 convicted/sentenced them under section 302/34, P.P.C. to imprisonment for life on each count…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492