Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302---Constitution of Pakistan (1973), Art. 185(2)(a)---High Court on appeal having reversed the orders of acquittal made in favour of accused under S. 302, Cr.P.C., accused had a right to file an appeal in Supreme Court under Art. 185(2)(a) of the Constitution. (b) Penal Code (XLV of 1860)---S.302---Constitution of Pakistan (1973), Art. 185---Death sentence, commutation of. --Award of the sentence of death to the accused whose trial had concluded on 8-12-1985 much before 6-12-1988, the date of General Amnesty, granted by the President, was not appropriate even on having been found guilty by High Court on 23-2-1993 in State appeal---Sentence of death of accused was converted to imprisonment for life accordingly. Muhammad Afzal v. The State Criminal Appeal No.15 of 1991 and Ghulam Muhammad and others v. The State Criminal Appeal No.49 of 1991 ref. Raja Muhammad Anwar, Senior Advocate Supreme Court with Raja Abdul Ghafoor, Advocate-on-Record for Appellant. Ch. Ghulam Ahmad, Advocate Supreme Court for the State. Date of hearing: 29th April, 1999. JUDGMENT NASIR ASLAM ZAHID, J.---Appellant in this case is convict Muhammad Hayat son of Faiz Muhammad. By the following order dated 15-5-1994. leave was granted to the appellant against the impugned judgment dated 23-2-1993 of the Lahore High Court:--- "The petitioners seek leave to appeal in these two petitions against the judgment of the High Court dated 23-2-1993. (2). The facts to be noted are that Zulfiqar, Sarfraz and Muhammad Hayat were tried by the learned Additional Sessions Judge, Jhang, under section 302/307/34, P.P.C. for the murders of Ghulam Haider and Muhammad Bakhsh deceased, and causing injuries to Haq Nawaz and Murad P.Ws. The learned trial Court acquitted Sarfraz, Zulfiqar and Hayat of the charge under section 302/307, P.P.C., but convicted Hayat under section 304, Part 1, P.P.C., and sentenced to undergo imprisonment for life and a fine of Rs.10,000 or in default thereof to suffer 2 years R.I. The State challenged the acquittal of Sarfraz, Zulfiqar and Hayat on the charges under section 302/307, P.P.C.. The complainant also preferred a Criminal Revision against…

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