| Citation(s) |
|---|
| 2007 SLG 539 2007 SLD 539 2007 SCMR 610 |
Supreme Court of Pakistan
Criminal Appeals Nos. 8(S) and 11(S) of 2001, decided on 27th November, 2006. DATE of hearing: 6th November, 2006
JUSTICE, JAVED IQBAL, CHAIRMAN, JUSTICES SARDAR MUHAMMAD RAZA KHAN, CH. IJAZ AHMED, DR. ALLAMA KHALID MEHMOOD AND ALLAMA RASHID AHMED, JULLUNDHARI, MEMBERS
Raja Muhammad Ibrahim Satti, Advocate Supreme Court with M.A. Zaidi, Advocate-on-Record for Appellants (in Criminal Appeal No. 8(S) of 2001). Muhammad Raza, Additional Advocate-General, Balochistan for the State (in Criminal Appeal No. 8(S) of 2001). Rai
Criminal Appeals Nos. 8(S) and 11(S) of 2001, decided on 27th November, 2006. DATE of hearing: 6th November, 2006
JUSTICE, JAVED IQBAL, CHAIRMAN, JUSTICES SARDAR MUHAMMAD RAZA KHAN, CH. IJAZ AHMED, DR. ALLAMA KHALID MEHMOOD AND ALLAMA RASHID AHMED, JULLUNDHARI, MEMBERS
Raja Muhammad Ibrahim Satti, Advocate Supreme Court with M.A. Zaidi, Advocate-on-Record for Appellants (in Criminal Appeal No. 8(S) of 2001). Muhammad Raza, Additional Advocate-General, Balochistan for the State (in Criminal Appeal No. 8(S) of 2001). Rai
HIKMATULLAH and 2 others
VS
THE STATE VS SHAHID JABBAR vs THE STATE
Law: Pakistan Penal Code, 1860
Section: 302(b),309,311,338E,392,394
Law: Criminal Procedure Code (V of 1898)
Section: 345
Penal Code (XLV of 1860)--- ----Ss.302 (b), 309, 311, 338-E, 392 & 394--Criminal Procedure Code (V of 1898), S.345---Murder during robbery--Compounding of offence---Principle of Fasad-fil-Arz---Applicability---Accused were convicted and sentenced to death for causing death during robbery---Legal heirs of deceased had effected compromise with accused persons---Effect---Offence under S.302 P.P.C. was compoundable in Islam and so had been made in the prevailing law of the land---Murder could be compromised with reference to Ss.309, 310 and 338-E, P.P.C. read with S.345, Cr.P.C. but offences under Ss.392 and 394, P.P.C. were not compoundable---Keeping in view the circumstances of the case, nature of the offence committed and number of persons killed, Court could not he oblivious of the fact that it attracted the principle of Fasad-fil-Arz and offenders were most likely to be potential danger to the community---Supreme Court found the case as a fit, where order under S.311, P.P.C. should be passed---Convictions of accused under Ss.392 and 394, P.P.C. were maintained---Supreme Court converted petition for leave to appeal into appeal and on acceptance of compromise death sentence of accused under S.302(b), P.P.C. was set aside but within the contemplation of S.311, P.P.C. they were sentenced to imprisonment for life---Appeal was disposed of. Ghulam Farid's case PLD 2006 SC 53 rel. JUDGMENT SARDAR MUHAMMAD RAZA KHAN (MEMBER).---Involving common question of law, the two cases in hand arc proposed to be taken up together. Criminal Appeal No.8(S) of 2001 is filed against the judgment dated 9-10-1998 of the learned Federal Shariat Court while Criminal Petition No.11(S) of 2001 is filed against the judgment dated 14-2-2001 of the said Court. 2. In Criminal Appeal No.8(S) of 2001, Hikmatullah, Abdul Rehman and Nazar Muhammad, for the present, stand convicted and sentenced to death under sections 302(b)/34, P.P.C. for causing the murder of Jalal Khan. They also stand convicted under sections 392/34, P.P.C. and sentenced to imprisonment for 10 years each along with a fine of Rs.50,000. Initially, they were charged for the offence of Haraba under section 17(4) of Ordinance…
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