| Citation(s) |
|---|
| 2002 SLG 1433 2002 SLD 1433 2002 SCMR 1403 |
Supreme Court of Pakistan
Criminal Petitions Nos.617-L, 618-L and 629-L of 2001, decision dated: 18-04-2002
SH. RIAZ AHMED, C.J., MIAN MUHAMMAD AJMAL AND MUHAMMAD NAWAZ ABBASI, JJ
M.A. Zafar, Advocate Supreme Court for Petitioner. Manzoor Hussain Butt, Advocate Supreme Court for Petitioners (in C.Ps. Nos.618 and 629L of 2001)
Criminal Petitions Nos.617-L, 618-L and 629-L of 2001, decision dated: 18-04-2002
SH. RIAZ AHMED, C.J., MIAN MUHAMMAD AJMAL AND MUHAMMAD NAWAZ ABBASI, JJ
M.A. Zafar, Advocate Supreme Court for Petitioner. Manzoor Hussain Butt, Advocate Supreme Court for Petitioners (in C.Ps. Nos.618 and 629L of 2001)
GHAZANFAR ABBAS and others
VS
THE STATE and others
Law:
Section:
(a) Penal Code (XLV of 1860)--- ----Ss.302/337A(iii)/337-A(i)/34 & 308---Constitution of Pakistan (1973). Art. 185(3)--Awarding of death penalty to minor---Age of accused--Determination--Plea raised by the accused was that he was minor at the time of commission of offence, therefore, death sentence was wrongly awarded to him---Validity---Controversy revolved around the age of the accused, therefore, to ensure safe administration of justice and to consider the question of minority of the accused leave to appeal was granted by Supreme Court. (b) Criminal Procedure Code (V of 1898)--- ----S.417---Penal Code (XLV of 1860), Ss.302/337A((iii)/337-A(i)/308---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal--Specific role had been attributed to the accused---Non-reading of evidence--Contention of the prosecution was that a specific role had been attributed to the accused which had not been touched or considered by the Courts below at the time of acquittal of the accused which amounted to non-reading of evidence and had caused miscarriage of justice---Leave to appeal was granted by Supreme Court to consider the contention. ORDER SH. RIAZ AHMED, CJ.---Criminal Petitions 617, 618 and 629-L of 2001 are directed against the judgment, dated 1-8-2001, whereby a learned Division Bench of the Lahore High Court maintained the conviction and sentences of petitioners-convicts Ghazanfar Abbas, Munir Ahmad and Manzoor Hussain under 'Tazir' and burdened both Ghazanfar Abbas and Munir Ahmad to pay an amount of Rs.50,000 each as compensation to the legal heirs of three deceased namely Hamid Masood, Mushtaq Ahmad and Abdur Razzaq. Manzoor Hussain was also directed to pay an amount of Rs.25,000 towards compensation to be paid to legal heirs of Abdur Razzaq, deceased. Death sentence of Ghazanfar Abbas and Munir Ahmad was confirmed. Criminal Appeal 232 of 1996 and Criminal Revision 123 of 1996 preferred by complainant were dismissed in terms of judgment impugned herein. 2. Pursuant to a criminal case vide F.I.R. No.48, dated 24th of September, 1992 registered with Police Station Khanewal Kohna on charges under sections 148/302/149/324 read with sections 109,…
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