Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Constitution of Pakistan, 1973

Section: 185(3),13

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Constitution of Pakistan, Art. 185(3)---Leave to appeal was granted by Supreme Court to consider question regarding legality of conviction and sentence awarded to accused. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Constitution of Pakistan, Art. 13---Qatl-e-amd---Double jeopardy, principle of--- Applicability--- Custody exceeding life imprisonment---Accused was convicted and awarded death sentence by Trial Court which was maintained by High Court---Plea raised by accused was that he had already undergone more than life imprisonment---Validity---Accused had been in death cell for more than 16 years, regarding which due verification had also been obtained from jail authorities---Accused was substantially entitled to reduction in quantum of his sentence---Supreme Court maintained conviction but converted death sentence into imprisonment for life with benefit of S.382-B, Cr.P.C.---Appeal was allowed accordingly. Dilawar Hussain v. The State 2013 SCMR 1582; Hassan and others v. The State and others PLD 2013 SC 793; Muhammad Iqbal and others v. The State and others Criminal Appeals Nos.119 and 120 of 2005; Ghazanfar Abbas and others v. The State Criminal Appeal No.193 of 2002 and Mazhar Shah alias Mundri v. The State Criminal Appeal No.393 of 2002 fol. JUDGMENT IQBAL HAMEEDUR RAHMAN, J.---In this instant appeal leave was granted by this Court vide order dated 23-8-2006 which reads as under:-- "After hearing the learned counsel for the petitioners and taking into consideration the conflict of medical evidence and ocular evidence according to which fatal injury was not attributed to the petitioner, we deem it proper to grant leave to appeal, inter alia, to consider the question regarding the legality of conviction and sentence awarded to the petitioner. Leave is accordingly granted in these petitions." Through this appeal the appellant, Muhammad Anwar, has called in question the judgment dated 13-2-2006 passed by the learned Lahore High Court, Bahawalpur Bench, Bahawalpur, in Criminal Appeal No.259 of 2001 and Murder Reference No.33 of 2001, whereby his convictions and sentences under sections 302(b)/34 and…

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