| Citation(s) |
|---|
| 2007 SLG 1513 2007 SLD 1513 2007 SCMR 1893 |
Supreme Court of Pakistan
Crl. P.L.As. Nos.108-P to 112-P of 2004 decided on 24-05-2007
RANA BHAGWANDAS, ACTG. C.J., AND SARDAR MUHAMMAD RAZA KHAN, J
Syed Zafar Abbas Zaidi, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioners. Muhammad Zaman Bhatti, Advocate Supreme Court for the State
Crl. P.L.As. Nos.108-P to 112-P of 2004 decided on 24-05-2007
RANA BHAGWANDAS, ACTG. C.J., AND SARDAR MUHAMMAD RAZA KHAN, J
Syed Zafar Abbas Zaidi, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioners. Muhammad Zaman Bhatti, Advocate Supreme Court for the State
Crl. P.L.A No.108-P of 2004 MIR ZAMAN
VS
THE STATE and another Crl.P.L.A. No.109-P of 2004 NADEEM vs THE STATE and another Crl. P.L.A. No.110-P of 2004 JAN MUHAMMAD. vs THE STATE and another Crl. P.L.A. No.111-P of 2004 JAMSHED KHAN vs THE STAT
Law:
Section:
Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979)--- ----S. 17(4)---Penal Code (XLV of 1860), Ss.397/149 & 412/149---Anti-Terrorism Act (XXVII of 1997), S.7.---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to accused by Supreme Court for reappraisal of evidenced in order to ensure that principles for appreciation of evidence and safe dispensation of criminal justice system had been fully adhered to by the High Court while upholding the sentence of death. ORDER RANA BHAGWANDAS, ACTG. C.J.--- Aforesaid identical petitions are directed against consolidated judgment of the Peshawar High Court dated 18-5-2004 dismissing -Petitioners' appeals against their convictions and sentences. 2. -Petitioners were tried by Judge', Anti-Terrorism Court, Peshawar on the charge under section 17(4), Offences Against Property (Enforcement of Hudood) Ordinance, 1979 (hereinafter referred to as the Ordinance, 1979) and sections 397, 149, 412, P.P.C. read with section 7 of the Anti-Terrorism Act, .1997 (hereinafter referred to as the Act, 1997) for committing murder of deceased Tanosh and Zulfiqar Hussain during the course of committing offence of Haraabah. All the -Petitioners were convicted under section 17(4) of the Ordinance, 1979 read with section 7 of Act, 1997 and sentenced to death. They were convicted under section 397/149, P.P.C, and sentenced to suffer rigorous imprisonment for seven years. They were also convicted under sections 412/149, P.P.C. read with section 7 of Act, 1997 and sentenced to rigorous imprisonment for seven years and fine of Rs.20,000 or in lieu thereof to suffer rigorous imprisonment for one year. 3. Unfortunate episode leading to the commission' of dacoity of a sum of Rs.25,00,000 from 'a van of Brinks `Company carrying cash amount for United `Bank Limited; Mandani Branch took place at Khweshi-Charsada road on or about 21-9-2000 at' about 10-15 a.m. It is stated that deceased Tanosh was serving as driver 'in the van while Zulfiqar Hussain was performing the duties of a guard when they were way laid' by the -Petitioners' and fired at' by -Petitioner tamshed and Ihsanullah leading to the instantaneous…
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