| Citation(s) |
|---|
| 1990 SLG 1037 1990 SLD 1037 1990 SCMR 1312 |
Supreme Court of Pakistan
Jail Petition for Leave to Appeal No. 18-R of 1984, decision dated: 16-01-1990.
S. USMAN ALI SHAH AND NASIM HASAN SHAH, JJ
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Jail Petition for Leave to Appeal No. 18-R of 1984, decision dated: 16-01-1990.
S. USMAN ALI SHAH AND NASIM HASAN SHAH, JJ
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JAMALA and anothers
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)-------Ss.302/149, 307/149, 148 & 452---Constitution of Pakistan (1973), Art.185(3) ---Occurrence took place in the house of deceased in which accused had brutally killed four persons including two ladies without any mitigating circumstances---Case against accused had been fully proved beyond any shadow of doubt who did not deserve any leniency---Petition for leave to appeal was dismissed in circumstances. Date of hearing: 8th April, 1984. OPINION OF THE FIRST JUDGE S. USMAN ALI SHAH, J.---Jamala petitioner in this jail petition alongwith his other co-accused was convicted of the offence under sections 302/307/148/149/452, P.P.C. for the murder of 5 persons, namely; Saifal, Faiz Bakhsh, Khadim, Mst. Bakhshan and Mst. Saddan on 18-7-1973 and sentenced him and his co-accused to death on each count under section 302/149, P.P.C. They were further convicted under section 148/149, P.P.C. to suffer 1 year's R.I. each and under section 307/149, P.P.C. for causing injuries to the P.Ws. and sentenced to one year's R.I. each. They were also convicted under section 452, P.P.C, for the house trespassing of the deceased and sentenced them each to six months' R.I, vide judgment dated 6-4-1978. In joint appeal before the High Court the death sentence of Jan…
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