| Citation(s) |
|---|
| 1975 SLG 3086 = 1975 SLD 3086 = 1975 PLD 174 |
Supreme Court of Pakistan
Criminal Appeal No. 73 of 1970, decided on 7th May 1974. (On appeal from the judgment of the Lahore High Court made ire Criminal Appeal No. 188 and M. R. No. 72 of 1967, on the 12th of September 1968).
Presented By: Muhammad Yaqoob Ali, Salahuddin Ahmed and Anwarul Haq, JJ
Ramzan v. State P L D 1966 S C 129 anti Ghulam Muhammad v. Muhammad Sharif P L D 1969 S C 398 ref. Asadullah v. Muhammad Ali P L D 1971 S C 541 rel. Aftab Farrukh, Advocate instructed by Raja Abdul Razzaq, Advocate-on -Record for Appellant. Iftikharul Haq, Advocate for
Respondent No. 1. Nusratullah, Advocate instructed by Sh. Ijaz Ali, Advocate-on-Record for
Respondent No. 2.
Criminal Appeal No. 73 of 1970, decided on 7th May 1974. (On appeal from the judgment of the Lahore High Court made ire Criminal Appeal No. 188 and M. R. No. 72 of 1967, on the 12th of September 1968).
Presented By: Muhammad Yaqoob Ali, Salahuddin Ahmed and Anwarul Haq, JJ
Ramzan v. State P L D 1966 S C 129 anti Ghulam Muhammad v. Muhammad Sharif P L D 1969 S C 398 ref. Asadullah v. Muhammad Ali P L D 1971 S C 541 rel. Aftab Farrukh, Advocate instructed by Raja Abdul Razzaq, Advocate-on -Record for Appellant. Iftikharul Haq, Advocate for
Respondent No. 1. Nusratullah, Advocate instructed by Sh. Ijaz Ali, Advocate-on-Record for
Respondent No. 2.
Mst. NURAN-Appellant
VERSUS
NURA AND ANOTHER-Respondents
Law: Penal Code (XLV of 1860)
Section: 302
(a) Penal Code (XLV of 1860) S. 302-Sentence-High Court in appeal reducing sentence of death to one of transportation for life-Special Leave to Appeal granted by Supreme Court to consider whether sentence was reduced by High Court on sound legal principles. (b) Penal Code (XLV of 1860) S. 302-Sentence---Accused convicted and sentenced to death by trial Court--high Court, in appeal, upholding conviction but reducing sentence to transportation for life-Appeal to Supreme Court for enhancement of sentence-Contention that expectation of life (murder committed in 1965; sentence of death reduced by High Court in 1968 and appeal to Supreme Court for enhancement coming up for bearing in 1974) after reduction of sentence by High Court should not be taken away-Held, no hard and fast rule that sentence in such circumstances cannot be enhanced-Supreme Court, however, refused to enhance sentence in circumstances of case. Ghulam Hussain v. Zainullah P L D 1951 S C 230; Sultan Khan v. Taj Din P L D 1963 S C 97; Hamida Bano v. Ashiq Hussain P L D 1963 S C 109 Fazal Khan v. State P 1. D 1964 S C 54; Muhammad Dates of hearing: 25th and 26th of March 1974. JUDGMENT ANWARUL HAQ, J:-The respondent, Nura, was tried alongwith six other persons, by the learned Additional Sessions Judge, Sahiwal, on charges falling under sections 120-8, 302/34 and 307/34, P. P. C. for having entered into a criminal conspiracy, in pursuance of which they committed the murders of Mst. Nazir Ilahi, Admeera and Allah Ditta, and a murderous assault on the life of Manzoor Ahmad (P. W. 21) by causing grievous injuries to him. Two other persons were also involved in the transaction, namely, one Basara who absconded and was declared a proclaimed offender, and Shahra, since dead. The…