Law:

Section:

(a) Criminal Procedure Code (V of 1898)----S. 382-B---Penal Code (XLV of 1860), S. 302(b)---Constitution of Pakistan, Art. 185(3)---Qatl-e-amd---Leave to appeal was granted to consider whether in the facts and circumstances of the case, the accused was entitled to the grant of benefit of the provisions of S. 382-B, Cr.P.C. and whether the impugned had proceeded on correct principles of law as enunciated by the Supreme Court. Ghulam Muhammad v. The State 2001 SCMR 1987; Javed Iqbal v. The State 1998 SCMR 1539; Ghulam Murtaza v. The State PLD 1998 SC 152; Bashir alias Bashier Ahmed v. The State PLD 1998 SCMR 1794 and Muhammad Rafiq v. The State 1995 SCMR 1525 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 382-B---Penal Code (XLV of 1860), S. 302(b)---Qatl-e-amd---Benefit of S. 382-B, Cr.P.C.---Scope and application---Question as to whether benefit of S. 382-B, Cr.P.C. can be extended in favour of an accused or otherwise squarely falls within the discretionary domain of a court, which is to be exercised judiciously on sound judicial principles---There is no bar whatsoever on extending such a benefit by a Revisional or Appellate Court, if omitted by Trial Court. (c) Criminal Procedure Code (V of 1898)--- ---S. 382-B---Penal Code (XLV of 1860), S. 302(b)---Qatl-e-amd---Appreciation of evidence-Benefit of S. 382-B, Cr.P.C., refusal of,--Accused had killed two persons in a barbaric manner in the Holy month of Ramzan, 15 minutes prior to "aftari", when they were about to reach their homes---No leniency whatsoever was called for in favour of accused---High Court in declining the benefit of S. 382-B, Cr.P.C. to accused had exercised the discretion conferred upon it in a judicial manner---Impugned being well based hardly warranted any interference---Appeal was dismissed accordingly. Ghulam Muhammad v. The State 2001 SCMR 1987; Javed Iqbal v. The State 1998 SCMR 1539; Ghulam Murtaza v. The State PLD 1998 SC 152; Bashir alias Bashier Ahmed v. The State PLD 1998 SCMR 1794 and Muhammad Rafiq v. The State 1995 SCMR 1525 distinguished. Javed Iqbal v. The State 1998 SCMR 1539; Ghulam Murtaza v. the State PLD 1998 SC. 152; Bashir alias Bahier Ahmed v. The State PLD 1998…

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