Law:

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Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S.302--Sentence of death-­Delay in execution--Whether mitigating circumstance for reducing sentence from death to imprisonment for life--Petitioner seeking reduction in capital sentence on ground of having suffered agony of death cell for 8½ years--Leave to appeal granted to consider whether it could be a mitigating circumstance for reducing sentence from death to imprisonment for life or that delay, which was caused due to filing of successive appeals by petitioner himself, should not by itself affect right of deceased and his heirs to obtain justice by way of an appropriate sentence for crime committed by accused.--[Sentence--Delay]. ORDER ASLAM RIAZ HUSSAIN, J.-- Maqbool Ahmad, Muhammad Arshad and Muhammad Ahmad petitioners were tried along with another for the murder to Nazir Ahmad by giving him dagger blows in his abdomen and for making murderous assault on Faqir Muhammad, and Sardara, P.Ws. , who sustained injuries during the incident. The trial Court acquitted one of the co-accused namely Mahboob Ahmad while it, inter alia sentenced Maqbool Ahmad petitioner to death and a fine of Rs.2,000 and 2 years' R.I. in default of payment of fine, and sentenced Muhammad Arshad and Mahmood Ahmad to imprisonment for life. Their appeal before the High Court failed and the death sentence of Maqbool Ahmad petitioner was confirmed. They have now come up before this Court through a petition for leave to appeal. 2. We have heard the learned counsel for the petitioners at some length. He has no case on…

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