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1987 SCMR 679 Present: Abdul Kadir Shaikh and Mian Burhanuddin Khan, JJ JUMMA KHAN and 4 others--Petitioners Vs THE STATE--Respondent Criminal Petition for Leave to Appeal No.60-R of 1985, decided on 4th October, 1986. (On appeal from the and order of the Lahore High Court, dated 8-5-1985 in Criminal Appeal No. 70 of 1983). Constitution of Pakistan (1973)-- ---Art. 185(3)--Penal Code (XLV of 1860), S. 302--Death sentence-­Mitigating circumstance--Petitioner's conviction and death sentence under 5.302, P.P. C. challenged--Leave to appeal granted to consider question of sentence only on plea that even if account of motive be taken as correct, complainant side had insulted accused by outraging modesty of a girl of their family and thus it was a case where death sentence was not called for. M. Rab Nawaz Noon, Advocate Supreme Court and Ch. Akhtar Ali Advocate-on-Record for Petitioners. Nemo for the State. Date of hearing: 4th October, 1986. ORDER MIAN BURHANUDDIN KHAN, J.--This petition is directed against the and order of the Lahore High Court, Rawalpindi Bench, dated 8-5-1985 passed in Criminal Appeal No. 70 of 1983 whereby the conviction and sentence awarded to the petitioner by the learned trial Judge was maintained. 2. Petitioner Jumma Khan, alongwith four others namely Muhammad Sabir, Muhammad Banaras, Muhammad Bashir and Gulab Khan were convicted and tried under section 302/307/148/149, P.P.C. The above-named four co-accused were acquitted while petitioner Jumma Khan was convicted under section 302, P.P.C. and was sentenced to death and a fine of Rs.20,000. Appeal against the conviction and sentence, as stated above, was dismissed and Murder Reference was answered in affirmative. 3. According to the prosecution, murder of Zamurrad deceased was committed on 6-6-1980 at 10 a.m. It is stated that Aurangzeb, complainant, and Zamurrad deceased, were on their way back home after making purchases from Rawalpindi and they were waylaid near the field of Muhammad Ramzan P.W.9 Jumma Khan petitioner is stated to have fired effectively at the deceased while the other accused gave beating to Aurangzeb P.W.8 complainant with butts of their guns and sticks. The deceased…

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