| Citation(s) |
|---|
| 1999 SLG 384 1999 SLD 384 1999 SCMR 1190 |
Supreme Court of Pakistan
Criminal Review Petition No.27 of 1994, decision dated:22-03-1999. (On review of the judgment of this Court dated25-11-1993 passed in Cr.A. 267/92), hearing DATE : 4-03-1999
SAIDUZZAMAN SIDDIQUI, SH. IJAZ NISAR AND MAMOON KAZI, JJ
Talib H. Rizvi, Advocate Supreme Court and S. Ali Imam Naqvi, Advocate-on-Record (absent) for Petitioner. Ali Hussain Gillani, Advocate Supreme Court and Abul Asim Jafry, Advocate-on-Record (absent) for
Respondent No. 1
Criminal Review Petition No.27 of 1994, decision dated:22-03-1999. (On review of the judgment of this Court dated25-11-1993 passed in Cr.A. 267/92), hearing DATE : 4-03-1999
SAIDUZZAMAN SIDDIQUI, SH. IJAZ NISAR AND MAMOON KAZI, JJ
Talib H. Rizvi, Advocate Supreme Court and S. Ali Imam Naqvi, Advocate-on-Record (absent) for Petitioner. Ali Hussain Gillani, Advocate Supreme Court and Abul Asim Jafry, Advocate-on-Record (absent) for
Respondent No. 1
RAHEEM BAKHSH-vsABDUL SUBHAN and another
Law:
Section:
(a) Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art. 188---Sentence---Review--Sentence of death awarded by Supreme Court---Minority opinion of High Court in the appeal of accused acquitting him in the case could not be a valid ground for awarding lesser penalty of imprisonment for life by way of review of the in appeal---Principle of expectancy of life per se was also not a valid ground for awarding lesser punishment in cases involving capital punishment--Period of about three years consumed by Supreme Court in deciding appeal against acquittal of accused by High Court was not long enough to create expectancy of life in his favour---Accused was not entitled to claim any advantage for the period for which he remained an absconder and for which he remained on bail thereafter as, in the circumstances, he did not deserve bail---Motive for the murder stood proved against the accused who, had been held responsible for committing murder of two persons---No mitigating circumstances, thus, were present in the case for awarding lesser penalty to accuse---Review petition was dismissed accordingly. (b) Criminal trial--- ----Sentence---Principle of expectancy of life per se was not a valid ground for awarding lesser sentence in cases involving capital punishment. Muhammad Arshad v. State PLD 1996 SC 122; Advocate-General, Government of East Pakistan v. Majid 1970 SCMR 12; Khuda Yar v. State 1990 SCMR 357; Ansar Ahmad Khan Barki v. State 1993 SCMR 1660; Nihal Singh v. Emperor AIR 1927 Lah..516; Mr. Zulfiqar Ali Bhutto v. State PLD 1979 SC 741; Mehr Ali and others v. The State 1968 SCMR 161; Misri Khan v. Kala Khan and other PLD 1977 SC 162; Roshan and others v. The State PLD 1997 SC 557-; Noor Alain v. The State PLD 1978 SC 137; 1969 SCMR 9; Vedivelu Thevar v. The State of Madras; Aminullah v. The State PLD 1976 SC 629; Roshan and 4 others v. The State PLD 1977 SC 557; Noor Alain v. The State PLD 1978 SC 137; Yaqoob Khan v. State PLD 1996 SC 97; Muhammad Sharif v. Muhammad Javed PLD 1976 SC 452; Gardey Singh and others v. Emperor AIR 1948 Lah. 58; Khairdi Khan and others v. Crown PLD 1951 Lah. 322; Shaheb Ali v. State PLD 1970 SC 447; Maqbool Ahmed…
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