Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: SIRAJ VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Muhammad Afzal Zullah, Aslam Riaz Hussain Title: SIRAJ vs The STATE Case No.:Criminal Petition for Special Leave to Appeal No. 327 of 1980 Criminal
Appeal No. 267 of 1978 Murder Reference No. 94 of 1978 Date of Judgment:1986-05-30 Reported As: 1986 SCMR 1630 Result: Order accordingly Judgment ORDER ASLAM RIAZ HUSSAIN, J.--Siraj petitioner was tried and convicted under section 302, P.P.C. And sentenced to death and a fine of Rs.5,000 (two years' R.I. In default of payment of fine). He filed an appeal before the High Court against his conviction and sentence, which was partly accepted, vide the impugned judgment, dated 23-4-1980, inasmuch as his conviction under section 302, P.P.C. Was maintained but it reduced his sentence of death to that imprisonment for life. 'His sentence of fine was also maintained. 2. He has filed a petition for leave to appeal against his conviction and sentence. But before us his learned counsel only prayed that he be granted the benefit of section 382-B, Cr.P.C. Notice was issued to the State, and after hearing -the learned counsel for the parties we feel this is a fit case for grant of the aforementioned concession to the petitioner. We, therefore, convert this petition into appeal and partly allow the same. The Jail authorities are directed to take into account the period spent by the petitioner as an under-trial prisoner while calculating/ his term of the imprisonment.