| Citation(s) |
|---|
| 2017 SLG 991 2017 SLD 991 2017 PLJ 137 |
Supreme Court of Pakistan
Crl. Appeal No. 199 of 2011, decided on 23.11.2016. Date of hearing: 23.11.2016. (Against the judgment Dated 19.6.2009 passed by the Lahore High Court, Lahore in Criminal Appeal No. 171 of 2006 and Capital Sentence Reference No. 53-T of 2003).
ASIF SAEED KHAN KHOSA, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE
Mr. Aitzaz Ahsan, Sr. ASC and Mr. M.S. Khattak, AOR for Appellant. Mr. Babar Awan, Sr. ASC and Raja Abdul Ghafoor, AOR for Complainant. Mr. Muhammad Abdul Wadood, D.P.G., Punjab for State.
Crl. Appeal No. 199 of 2011, decided on 23.11.2016. Date of hearing: 23.11.2016. (Against the judgment Dated 19.6.2009 passed by the Lahore High Court, Lahore in Criminal Appeal No. 171 of 2006 and Capital Sentence Reference No. 53-T of 2003).
ASIF SAEED KHAN KHOSA, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE
Mr. Aitzaz Ahsan, Sr. ASC and Mr. M.S. Khattak, AOR for Appellant. Mr. Babar Awan, Sr. ASC and Raja Abdul Ghafoor, AOR for Complainant. Mr. Muhammad Abdul Wadood, D.P.G., Punjab for State.
DR. IRFAN IQBAL --Appellant
VS
STATE --Respondent
Law:
Section:
Constitution of Pakistan, 1973-- ----Art. 185(3)--Pakistan Penal Code, (XLV of 1860), Ss. 302, 324, 109--Anti Terrorism Act, 1997, S. 7(a)--Leave to appeal--Qatl-e-amd--Sentence--Leave to appeal was not being granted for reconsideration of merits of appellant's case but leave to appeal had been granted only to examine following questions: "(a) Whether High Court was right in holding that appellant was sentenced only under Section 7(a) ATA was convicted and sentenced under Section 302(b), PPC; (b) whether, case of petitioner fall within scope of Section 302(c), PPC; and (c) If case of petitioner does not fall within scope of Section 302(c), PPC, whether sentence of death is warranted in instant case." Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Constitution of Pakistan, Art. 185(3)--Qatl-e-amd--Sentence--Leave to appeal--Question of--Leave granting order--Validity--No charge had been framed by trial Court against appellant in respect of an offence under Section 302(b), PPC, no conviction of appellant had been recorded by trial Court for offence under Section 302(b), PPC, no appeal or revision petition had been filed by State--High Court was not justified in additionally convicting and sentencing appellant for offence under Section 302(b), PPC while hearing appellant's appeal against conviction. Pakistan Penal Code, 1860 (XLV of 186)-- ----S. 302(b)--Criminal Procedure Code, 1898--S. 423(1)(b)--Qatl-e-amd--Sentence--No notice was issued by High Court before conviction and sentencing--Validity--Sentence passed against a convict cannot be enhanced by a Court hearing an appeal against conviction and if at all while hearing such an appeal Court is minded to enhance convict's sentence then Court can exercise its revisional jurisdiction but in exercise ofrevisional jurisdiction no sentence of a convict can be enhanced without notice to him as is evident from provisions of Section 439(2)(6), Cr.P.C.--Admittedly no such notice had been issued by High Court to appellant. Pakistan Penal Code, 1860 (XLV of 186)-- ----S. 302(c)--Qatl-e-amd--Sentence--Question of--Leave granting order was about applicability or provisions of Section 302(c), PPC--Gap of time…
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