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Petitioner: TARIQ IQBAL @ TARIQ VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Amir Hani Muslim, Tariq Pervez Title: TARIQ IQBAL @ TARIQ vs THE STATE Case No.:Jail Criminal Appeal No,52 of 2006 and Murder Reference No,143 of 2006
Petition No, 626 of 2010 Date of Judgment:2011-06-28 Reported As: 2012 SCMR 575 Result: appeal allowed Judgment ORDER ' TARIQ PARVEZ, J.--- Short facts of the case are that on 16-10-2004, Muhammad Ashraf Sindhu, Advocate, reported the crime of the murder of his wife Akhtar Bibi without charging any person but narrated in his report that some one has murdered his wife and has taken away cash amount, gold ornaments and other valuables. 2. During the course of investigation, the petitioner was arrested on 3-11-2004, who was milk seller. It was the case of the prosecution that on 15-11-2004, petitioner led to the recovery of the crime weapon and also, on his pointation, the robbed articles were recovered from his house. On 18-11- 2004, petitioner was alleged to have made judicial confession. 3. Learned trial Court on conclusion of the trial vide judgment dated 26-1-2006, awarded death sentence which was confirmed by the learned Division Bench of the Lahore High Court, Multan Bench, vide impugned judgment dated 26-10-2011, hence instant petition for leave to appeal. 4. Learned counsel after arguing the case at some length opted not to press instant petition on merits but prayed for the' grant of leave to appeal to the extent of quantum of sentence. 5. Petition is allowed and leave is granted to consider the quantum of sentence because this case is based on circumstantial evidence and death being irreversible sentence, out of abundant caution such circumstantial evidence has to be re-adjudged to determine as to whether:-- (i) In the given circumstances, sentence of death was called for because petitioner was arrested on 3-11-2004 whereas his confessional statement was recorded on 18-11-2004 with a delay of 15 days?
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(ii) Petitioner is alleged to have led to recovery of crime weapon and robbed articles on 15-11- 2004, after he remained in the police custody for 2 weeks? (iii) There is also an allegation that petitioner made extra judicial confession before Falak Sher (P. W.21) and Muhammad Akram (P. W.22) on 23-10-2004. If a person has volunteered to make extra judicial confession then as to why his judicial confession was delayed until 18-11-2004? Leave to .