Law:

Section:

(a) Penal Code (XLV of 1860), S. 302-Sentence-Mere delay in disposal of a death sentence case-Would not entitle condemned person to automatically obtain commutation of his death sentence. State v. Nawab Ali Biswas P L D 1963 Dacca 61 distinguished, 211 C 822 not approved. (b) Penal Code (XLV of 1860), S. 302-Sentence-Contention that in case of elapse of long time between occurrence and sentence of death, High Court should not confirm sentence of death-No such principle of general application ever laid down by Supreme or Federal Court of Pakistan-Confirmation or commutation of death sentence-­Must rest on facts and circumstances of particular case. ORDER SALAHUDDIN AHMED, J.-The petitioner has been convicted under section 302 of the Pakistan Penal Code and sentenced to death for the murder of two young girls, namely, Mst. Tahira and Mst. Shagufta Jabin, who were sisters of the wife of the petitioner. The prosecution case is that on the 1st of July 1968, the Nikah of the two sisters, namely, Mst. Musarrat Shahin (P. W. 13) and Mst. Tahira deceased were performed with the petitioner and his step-brother Ehsanul Haq, respectively. Mst. Tahira was the elder sister. Their Rukhsati, however, was to take place only when a Barat had been brought from the side of the two bride­grooms within a period of two months from the date of the Nikah. As the bride-grooms failed to bring the Barats, the Rukhsati was deferred. The two bride-grooms insisted upon the parents of the girls that their Rukhsati should be made without the Barat. The father of the brides, P. W. 7, Hakim Ali, did not agree to this with the result that Mst. Tahira filed a suit for dissolution of marriage before the Family Court against Ehsanul Haq and the suit was ultimately decreed in her favour on the 11th of March 1969. Nevertheless the petitioner persisted in his efforts to pursuade the parents of his wife to perform her Rukhsati ceremony but ultimately gave up trying and divorced her on the 8th of May 1969. Three days later a report was lodged at the police station by P. W. Muhammad Tahir that although the petitioner had divorced his wife, he claimed that he had divorced her upon an impulse, and that he…

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