Law: Criminal Procedure Code (V of 1898)

Section: 382B

Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Criminal Procedure Code (V of 1898)---S. 382-B---Penal Code (XLV of 1860), S.302(b)---Benefit of period spent in judicial lock-up---Contention of accused was that High Court converted death sentence into imprisonment for life but did not award him benefit of S.382-B Cr.P.C.---Validity---High Court in its did not at all advert to and conveniently skipped over to consider such aspect of the case---Courts had discretion either to grant or decline benefit of S.382-B, Cr.P.C. to a convict but it was equally true that such discretion should be exercised judicially---Accused was entitled to benefit of S.382-B, Cr.P.C. and High Court should have exercised its discretion in his favour --Supreme Court converted petition for leave to appeal into appeal and modified passed by High Court to the extent that benefit of S.382-B, Cr.P.C. be granted to accused---Appeal was allowed. Mukhtar-ud-Din v. The State 1997 SCMR 55 rel. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Sudden act---Mitigating circumstances---Reduction in sentence---Accused was convicted and sentenced to death by Trial Court but High Court converted sentence of death into imprisonment for life---Validity---High Court, after giving cogent reasons regarding existence of mitigating circumstances and after concluding that it was sudden act on his part, rightly converted death sentence of petitioner into life imprisonment, which findings were not open to any exception---Supreme Court declined to reverse findings of High Court as conversion of death sentence into life imprisonment was based on sound judicial principles and mitigating circumstances recognized under law. Abdul Rasheed alias Babu v. the State 1984 SCMR 1184 rel. JUDGMENT MIAN HAMID FAROOQ, J.--- We, through this single judgment, propose to decide the present petition (Criminal Petition No.231-L of 2008) and the connected petition (Criminal Petition No.181-L of 2008), as both arose out of the 'single judgment. 2. Muhammad Ilyas (the petitioner in Criminal Petition No.231-L of 2008) along with his brother Muhammad Abbas, was tried in a case registered vide F.I.R. No.43, dated 3-5-1996 under section…

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