| Citation(s) |
|---|
| 2002 SLG 1358 2002 SLD 1358 2002 SCMR 1213 |
Supreme Court of Pakistan
Criminal Petition No.246-L of 2001, decision dated: 11-02-2002, (On appeal from the judgment dated 28-3-2001 of the Lahore High Court, Lahore passed in Criminal Appeal No.828 of 1995 and Murder Reference No.7 of 1996)
QAZI MUHAMMAD FAROOQ AND TANVIR AHMED KHAN, JJ
Ahmed Hussain Bokhari, Advocate Supreme Court and Sh. Masood tar, Advocate-on-Record for Petitioner. Nemo.for
Respondents.
Criminal Petition No.246-L of 2001, decision dated: 11-02-2002, (On appeal from the judgment dated 28-3-2001 of the Lahore High Court, Lahore passed in Criminal Appeal No.828 of 1995 and Murder Reference No.7 of 1996)
QAZI MUHAMMAD FAROOQ AND TANVIR AHMED KHAN, JJ
Ahmed Hussain Bokhari, Advocate Supreme Court and Sh. Masood tar, Advocate-on-Record for Petitioner. Nemo.for
Respondents.
MUHAMMAD MUSHTAQ HUSSAIN SHAH
VS
MUHAMMAD NAWAZ and another
Law:
Section:
Penal Code (XLV of 1860)---S. 302(b)/34---Constitution of Pakistan (1973), Art. 185(3)---Sentence---- High Court had altered the sentence of death awarded to accused by Trial Court to imprisonment for life on correct premises---Contention raised on behalf of complainant for enhancement of sentence of each accused to death lacked substance---Leave to appeal was refused to complainant by Supreme Court accordingly. JUDGMENT QAZI MUHAMMAD FAROOQ, J.---Leave to appeal has been sought by the complainant's side in a case of murder against grant of sentence of imprisonment for life instead of death. 2. Respondent Muhammad Nawaz and Karam Hayat were tried by the learned Additional Sessions Judge, Sialkot under section 302/34, P.P.C. for murder of one Javed Iqbal Shah and both of them were convicted under section 302(b)/34, P.P.C. and sentenced to death as Tazir. The appeal preferred by them was dismissed by a learned Division Bench of the Lahore High Court, Lahore on 28-3-2001 but the sentence of death was altered to imprisonment for life with benefit of section 382-B, Cr.P.C. and direction to pay a sum of Rs.40,000 as compensation under section 544-A, Cr.P.C. to the legal heirs of the deceased. 3. A lenient view in the matter of sentence was taken by the High Court on account of the…
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