Law:

Section:

(a) Penal Code (XLV of 1860)-----S. 302/149--Constitution of Pakistan (1973), Art. 185--Sentence-­Accused 70/75 years old adjudged guilty by Courts below--Appeal admitted only to examine whether sentence of death imposed on him justified--Act of accused not a sudden impulsive act of an emotionally disturbed individual--It was a cold, calculated and concerted act and accused had not reacted strongly and impulsively on very sight of his adversaries to plead want of planning and meditation and thereby create a mitigating circumstance--Appeal against order of High Court convicting appellant under S. 302, Penal Code, and sentencing him to death, dismissed. Ajun Shah v. The State PLD 1967 S C 185, Zulfiqar and 5 others v. The State 1974 P Cr. L J 100; Shera and others v. The State 1976 P Cr. L J 1028; Yaqub and 2 others v. The State 1980 P Cr. LJ 556; Shaheb Ali v. The State PLD 1970 S C 447; Nabu alias Nabi Bux and others v. The State PLD 1975 S C 478 and Muhammad Sharif v. Muhammad Javed PLD 1976 S C 452 ref. (b) Penal Code (XLV of 1860)-- ---S. 302/149--Criminal Procedure Code (V of 1898), S. 417--Constitution of Pakistan (1973), Art. 185(3)--Expectancy of life such as may be taken note of by Courts, held, would arise out of an order of acquittal recorded in Court proceedings and it would not arise out of leave granting order--Contention, that grant of leave to appeal to accused gave him expectancy and hope for life, repelled. Asadullah v. Muhammad Ali PLD 1971 S C 541; Muhammad Khan v. Dost Muhammad and 17 others PLD 1975 S C 607 and Mst. Razia Begum v. Hijrayat Ali PLD 1976 S C 44 ref. A.K. Brohi, Senior Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record for Appellant. Mian M. Ajmal, Advocate Supreme Court and Nur Ahmad Khan, Advocate-on-Record for the State. Date of hearing: 7th November, 1983. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal - was granted to Pir Badshali, appellant, aged 70 years to examine whether on his conviction under section 302/149, P.P.C. (three counts) the sentence of death passed against him was justified. The appellant Pir Badshah and Salim Khan of the same village had, it appears, a long standing enmity, and a number of…

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