| Citation(s) |
|---|
| 2010 SLG 2796 2010 SLD 2796 2010 SCMR 1189 |
Supreme Court of Pakistan
Criminal Appeal No.324 of 2009 out of Jail Petition No. 16of 2009 and Criminal Appeal No.325 of 2009 out of JailPetition No.86 of 2009, decision dated: 7-01-2010
MIAN SHAKIRULLAH, JAN, RAHMAT HUSSAIN, JAFFERI AND TARIQ PARVEZ, JJ
Criminal Appeal No.324 of 2009 out of Jail Petition No. 16of 2009 and Criminal Appeal No.325 of 2009 out of JailPetition No.86 of 2009, decision dated: 7-01-2010
MIAN SHAKIRULLAH, JAN, RAHMAT HUSSAIN, JAFFERI AND TARIQ PARVEZ, JJ
Criminal Appeal No.324 of 2009 out of Jail No.16 of 2009BACHA ZEB-
VS
.THE STATEGHULAM JANVs.THE STATE
Law:
Section:
TARIQ PARVEZ, J.--- Criminal Appeal No.324 of 2009 and Criminal Appeal No 325 of 2009 are the out come of Jail Petitions Nos.16 of 2009 and 86 of 2009 respectively. Two jail petitions were placed before the Hon'ble Judge of this Court for his opinion regarding grant of leave which was so opined and agreed by another Hon'ble Judge of this Court, therefore two petitions were converted into appeal with leave of this Court. Two appellants namely Ghulam Jan and Bacha Zeb were convicted by a learned Additional Sessions Judge, Rawalpindi through judgment dated 29-6 2002 and they were 'sentenced to 10 years' R.I. each under section 460 P.P.C. Ghulam Jan appellant was awarded sentence of death under section 302(b), P.P.C. and to pay Rs.1,00,000/-as compensation to the legal heirs of the deceased and in default to six months S.I. Bacha Zeb appellant was awarded life imprisonment and compensation amount of Rs.50,000 under section 302(b), P.P.C. and in default to payment of compensation was to undergo six months S.I. Two separate Criminal Appeals were filed by the two appellants before the Hon'ble Lahore High Court, Rawalpindi Bench, Rawalpindi bearing No.419 of 2002 titled Ghulam Jan v. The State and Criminal Appeal No.337 of 2002 titled Bacha Zeb v. The State. The two appeals and Murder Reference No.921 of 2002 were heard by the Hon'ble Division Bench of the High Court, and vide judgment dated 25-11-2008 where conviction of both the appellants was maintained but sentence of death awarded to Ghulam Jan was altered into life imprisonment who was brought at par with his co-accused Bacha Zeb and Murder Reference was answered in negative. Facts shortly stated are that on 27-1-2001 at 8-45 p.m. complainant Naveed Ahmad P.W.10 his mother Mst. Nazran Sultana P.W.11, Mst. Maqbool Jan, their neighbour and Adalat Khan, father of the complainant who is deceased of the case were all present in their house. At about 8-45 p.m. Mst. Maqbool Jan wanted to go to here house therefore complainant allegedly stood up and opened the door of the room where they were sitting in, when two persons both armed with pistols rushed in. The deceased…