Law:

Section:

Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art. 185(3)---Motive for the murder alleged by the prosecution was not believed by the two Courts below and the Court in this regard was never taken into confidence---Leave to appeal was granted by Supreme Court to the accused to consider whether in the circumstances extreme penalty of death awarded to him, was justified. Aftab Farrukh, Senior Advocate Supreme Court and Tanvir Ahmed. Advocate-on-Record for Petitioner (in Criminal Petition No. 383-L of 1996). Mahmood A. Qureshi, Advocate-on-Record for Petitioner (in Criminal Petition No. 16-L of 1996). Date of hearing: 22nd November, 1999. ORDER SAIDUZZAMAN SIDDIQUI, C. J.---The abovementioned two criminal petitions for leave to appeal are directed against the judgment of a learned Division Bench of Lahore High Court dated 9-10-1996 whereby death sentence awarded by the trial Court to the petitioner, Imtiaz Ahmed, was confirmed while criminal acquittal appeal filed by the State against the acquittal of 3 co-accused and the revision application filed by the complainant, were dismissed. 2. The petitioner, Imtiaz Ahmed, was tried or the murder of Ansar Ahmed along with Rukhsar Ahmed son of Ghuiam Muhammad, Riaz Ahmed and Ghulam Ahmed sons of Fateh Muhammad, before the Sessions Judge, Gujrat. The learned Sessions Judge acquitted Rukhsar Ahmed, Riaz Ahmed and Ghulam Ahmed in the case but convicted Imtiaz Ahmed under section 302, P.P.C. He was sentenced to death with fine of rupees one lac and in default of payment of fine, he was ordered to suffer two years' R.I. Out of the fine on recovery, a sum of Rs.60,000 was directed to be paid to the legal heirs of the deceased. Imtiaz Ahmed was also sentenced under section 449, P.P.C. to imprisonment for life with fine of Rs.50,000 and in default of payment of fine to suffer R.I. for six months. The trial Court directed that both the sentences shall run consecutively. Against the judgment of the trial Court petitioner Imtiaz Ahmed filed appeal against his conviction and award of death sentence while the State preferred acquittal appeal against the co-accused who were acquitted in the case. A revision…

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