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Initializing Secure Chambers
Petitioner: SULTAN and anothers VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Abdul Hameed Dogar, Muhammad Nawaz Abbasi Title: SULTAN and anothers vs THE STATE Case No.: Petition No,185 of 2000 Date of Judgment:2002-06-13 Reported As: 2003 SCMR 494 Result: Leave granted
Judgment ORDER ' ABDUL HAMEED DOGAR, J.---Petitioners Sultan and Muhammad Iqbal have assailed the judgment dated 26-9-2000 of Lahore High Court, Multan Bench, whereby, the appeal of petitioners was dismissed and their conviction and sentence of death was maintained and Murder Reference was also decided in the affirmative. It is contended by the learned counsel for the petitioners that petitioner Iqbal alias Balla was minor at the time of incident. In his statement on oath under section 340(2), Cr.P.C. This petitioner had produced School Leaving Certificate according to which he was born on 15-2-1976 thus on the date of incident, he was about 13 years of age and was, therefore, entitled to lesser punishment. Learned counsel further argued that prosecution has not been able to prove the motive so much so that the main witness namely Mst. Karam Ellahi, a witness of the alleged motive, was not examined and was given up without any justification. In such circumstances, learned counsel urged that he will not press this petition on merits but will advance arguments only on the quantum of sentence if leave to appeal is granted. ' Leave to appeal is, accordingly, granted to consider the above points.