| Citation(s) |
|---|
| 2002 SLG 1522 2002 SLD 1522 2002 SCMR 1858 |
Supreme Court of Pakistan
Jail Petition No. 10 of 2000, decision dated: 13-09-2001
NAZIM HUSSAIN SIDDIQUI AND, JAVED IQBAL, JJ
Sardar Muhammad Siddique Khan; Advocate Supreme Court for Petitioner. Nemo for the State
Jail Petition No. 10 of 2000, decision dated: 13-09-2001
NAZIM HUSSAIN SIDDIQUI AND, JAVED IQBAL, JJ
Sardar Muhammad Siddique Khan; Advocate Supreme Court for Petitioner. Nemo for the State
MUTABAR
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)--- ----Ss.302/324/335/336/337-A(iii)/364/382/411/201/34--- Constitution of Pakistan (1973), Art.185(3)---Condonation of delay---Administration of justice---Petition for leave to appeal was time-barred by 35 days---Supreme Court condoned the delay m circumstances. (b) Penal Code (XLV of -1860)--- ---Ss.302/324/335/336/337-A(iii)/364/382/411/201/34---Constitution of Pakistan (1973), Art. 185(3)---Cold-blooded murder---Five persons were murdered by the accused on refusal of giving hand of one of the girls of the victim party to the accused---Trial Court awarded death sentence to the accused for each murder and appeal was dismissed by the High Court--Counsel for the accused conceded that there was irrefutable evidence on record to show that accused was responsible for the murders---Only contention of the accused was reduction in sentence---Validity---Accused had committed cold-blooded murders and had pre-planned for the same, he was not entitled to any leniency---Supreme Court declined to interfere with the sentence passed by the Courts below---Leave to appeal was refused. JUDGMENT NAZIM HUSSAIN SIDDIQUI, J. ---Petitioner, Mutabar, has impugned judgment dated 30-5-2000 of a learned Division Bench, Peshawar High Court, whereby his convictions and sentences, passed by learned Additional District Sessions Judge, Lahore District Swabi, were maintained. 2. The petition is time-barred by 35 days. Under the circumstances, the delay is condoned. 3. The petitioner was convicted by trial Court as follows:-- (a) Under section 302/34, P.P.C. sentenced to death on five counts for the murders of Khanzada, Mst. Tajbaro, Sherzada, Mst. Mashoqa and Mst. Mujahida. (b) Under section 364, P.P.C. for abducting through deceitful means, Khanzada deceased, sentenced to seven years' rigorous imprisonment and a fine of Rs.10,000. (c) Under section 201, P. P. C. sentenced to rigorous imprisonment for five years. (d) Under section 449, P.P.C. sentenced to seven years' R.I. with a fine of Rs.10,000. (e) Under section 324, P.P.C. for effectively attempting at the life of Mst. Shahzadgai, sentenced to ten years' R.I. with a fine of Rs.20,000. (f) Under sections…
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