Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 109 & 34--Constitution of Pakistan, 1973, Art. 13--Intentional murder--Convicted was in jail for more than 18 years and his death sentence was not executed--Principle of double jeopardy--Validity--If convict sentenced to death had undergone a period of custody equal to or more than a full term of imprisonment for life during pendency of his legal remedy against his conviction, death sentence be converted to imprisonment for life as two sentences have been provided under Section 302(b), PPC and one of such sentences i.e. imprisonment for life has already undergone by convict and execution of death sentence in that case will be hit by principle of double jeopardy--Enhancement of a sentence of a convict who has already undergone a sentence of life imprisonment during pendency of appeal/revision would not be hit by principle of double jeopardy enshrined in Art. 13 of Constitution. Constitution of Pakistan, 1973-- ----Art. 185(3)--Leave to appeal--Leave to appeal was granted to consider-- (i) whether the s relied upon by petitioner can be applied in the instant case as admittedly in those cases the appeals/review were pending before High Court but in the instant case the petitioner has already lost all the remedies; and (ii) whether the of three Members Bench reported (PLD 2013 SC 793) can be sustained when the earlier of a five members bench reported as (PLD 2006 SC 365) was already in field? PLD 2006 SC 365, rel. THIS ORDER PASSED BY: Ijaz Ahmed Chaudhry, J.- This petition has been directed against the judgment dated 7.5.2014 passed by the Lahore High Court, Bahawalpur Bench whereby the Writ Petition No. 3280-BWP/2014 filed by the petitioner was dismissed. 2. Brief facts of the case are that the petitioner along with four others was tried in a case registered videFIR No. 163/1997 under Sections 302/109/34, PPC at Police Station Qaimpur for having caused intentional murder of Liaquat Ali and injuries to Mst. Jindan, Tahir and Nawaz. The learned trial Court vide its judgment dated 23.12.2004 while acquitting the rest, convicted the petitioner under Section 302(b), PPC and sentenced him to death. He was also…

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