| Citation(s) |
|---|
| 2001 SLG 3026 = 2001 SLD 3026 = 2001 YLR 137 |
Lahore High Court
Criminal Appeals Nos.26‑J, 27‑J and Murder Reference No.109 of 1996, heard on 25th June, 2001.
Presented By: Khawaja Muhammad Sharif and M. Naeem Ullah Khan Sherwani, JJ
Dr. Suhail Akhtar for Appellants. Ch. Imtiaz Ahmad for the State.
Criminal Appeals Nos.26‑J, 27‑J and Murder Reference No.109 of 1996, heard on 25th June, 2001.
Presented By: Khawaja Muhammad Sharif and M. Naeem Ullah Khan Sherwani, JJ
Dr. Suhail Akhtar for Appellants. Ch. Imtiaz Ahmad for the State.
RASHID MAHMOOD and others‑‑‑Appellants
VERSUS
THE STATE Respondent
Law: Penal Code (XLV of 1860)
Section: 302/34, 307(1) (b), 311
Law: Criminal Procedure Code (V of 1898)
Section: 345, 385‑B, 544‑A
Penal Code (XLV of 1860) ‑Ss. 302/34, 307(1) (b) & 311‑‑‑Criminal Procedure Code (V of 1898), Ss.345, 385‑B & 544‑A‑‑‑Waiver or compounding of right of Qisas‑‑‑All the heirs of the deceased except two had waived their right of Qisas and granted pardon to the accused persons‑‑ Accused, in circumstances, could not be awarded the sentence of death as provided under S. 307(1) (b), P. P. C. ‑‑‑Conviction of the accused recorded by the Trial Court was maintained, but the sentence of death on one count and imprisonment for life on two counts awarded to the accused were altered to fourteen years' R.I. under S. 311, P. P. C. accordingly and benefit of S.382‑B, Cr. P. C. was also given‑‑‑Amount of fine was converted into compensation as required under S. 544‑A, Cr. P. C. Date of hearing: 25th June, 2001 JUDGMENT KHAWAJA MUHAMMAD SHARIF, J.‑‑‑This judgment will dispose of Murder Reference No.109 of 1995 Criminal Appeal No.26/J of 1996 filed by Raashid Mahmood, appellant and Criminal Appeal No.27/J of 1996 filed by Javed Iqbal, appellant, who were convicted and sentenced by learned Additional Sessions Judge, Toba Tek Singh vide his judgment, dated 16‑4‑1995 as under:‑‑ (1) Raashid Mahmood appellant under section 34/302, P.P.C. to undergo life imprisonment for the murder. of Mst. Akbari deceased and a fine of Rs.30,000, and in default two years S.I. He was also ordered to pay Rs.10,000 as compensation to the legal heirs of Mst. Akbari Bibi deceased under section 544‑A, Cr.P.C. and in default six months S.I., with the benefit of section 382‑B, Cr.P.C. He was also convicted and sentenced under section 34/302, P.P.C. for the murder of…