| Citation(s) |
|---|
| 1987 SLG 519 1987 SLD 519 1987 SCMR 1421 |
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeals Nos.154 and 194 of 1986, decided on 20th May, 1987. (Against the judgment of the High Court in Criminal Appeal No.311 of 1984 and Murder Reference No.155 of 1984).
ASLAM RIAZ, HUSSAIN, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Ch. Muhammad Yaqoob Sidhu, Advocate Supreme Court with Muhammad Aslam Chaudhary, Advocate-on-Record for Petitioner (in Crl. Petition to Appeal No. 154 of 1986). Ch. Asghar Ali, Advocate Supreme Court for
Respondents (in Crl. Petition to Appeal No. 154 of
Criminal Petition for Special Leave to Appeals Nos.154 and 194 of 1986, decided on 20th May, 1987. (Against the judgment of the High Court in Criminal Appeal No.311 of 1984 and Murder Reference No.155 of 1984).
ASLAM RIAZ, HUSSAIN, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Ch. Muhammad Yaqoob Sidhu, Advocate Supreme Court with Muhammad Aslam Chaudhary, Advocate-on-Record for Petitioner (in Crl. Petition to Appeal No. 154 of 1986). Ch. Asghar Ali, Advocate Supreme Court for
Respondents (in Crl. Petition to Appeal No. 154 of
MUHAMMAD SIDDIQ and others
VS
MUHAMMAD ASHRAF and 3 others
Law:
Section:
(a) Penal Code (XLV of 1860)-----S. 302/307/34--Constitution of Pakistan (1973), Art. 185(3)--Petition against conviction--No point of law requiring decision raised--Supreme Court declined to reappraise evidence on record and reverse finding of fact arrived at by two Courts below--Leave to appeal refused. (b) Penal Code (XLV of 1860)-- ---S. 302--Constitution of Pakistan (1973), Art. 185(3)--Petition for enhancement of sentence from imprisonment for life to death--Reasons given by High Court for reduction in sentence being tenable and not requiring interference, leave to appeal refused. ORDER ASLAM RIAZ HUSSAIN, J.-- This order will dispose of: (i) Crl. PSLA No.154/86 filed by Muhammad Siddiq and others for the enhancement of sentence of the respondents in this petition; and (ii) Crl. PSLA No.194/86 filed by Muhammad Ashraf etc. against their conviction and sentence, as both the petitions are directed against the same judgment of the High Court dated 19-3-1986. 2. Relevant facts giving rise to Cr1.PSLA No. 194/86 are that Muhammad Ashraf, Manzoor, Muhammad Khan and Iqbal, were tried for the murder of Muhammad Ashraf and Noor Muhammad and making murderous assault on Jawaya (P.W.8), Muhammad Sharif (P.W.8) and Manzoor (PW.9). They were convicted by the trial Court under sections 302/34 and 307, P.P.C. It sentenced each of them to death under section 302/34, P.P.C. while under section 307, P.P.C. each of them was sentenced to 4 years R.I. They filed an appeal before the High Court which dismissed the same but reduced their sentence of death under section 302, P.P.C. to imprisonment for life. Still not…
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