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Petitioner: MUHAMMAD NAWAZ VS Respondent: STATE
1995 S C M R 1162
1995 S C M R 1162
[Supreme Court of Pakistan]
Present: Nasim Hasan Shah, C.J. Saleem Akhtar and Manzoor Hussain Sial, JJ
MUHAMMAD NAWAZ‑‑‑Petitioner
versus
THE STATE‑‑‑Respondent
Jail Petition No. 7 of 1991, decided on 13th February, 1094.
(On appeal from the judgment dated 26‑6‑1989 of the Lahore High Court, Lahore passed in Crl. Appeal No. 16 of 1986 and Murder Reference No.37 of 1986).
Penal Code (XLV of 1860)‑‑‑
‑‑‑‑S. 302‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Order of High Court upholding the conviction of accused and imposing the sentence of death was found to be correct‑‑‑Benefit of amnesty order passed by the President was available to accused irrespective of the confirmation of his death sentence by High Court‑‑‑Accused, therefore, was to suffer the sentence of imprisonment for life and ‑not death with benefit of S. 382‑B, Cr. P.C.
Syed Ashiq Hussain Gillani, Advocate for Petitioner.
Nemo for the State.
Date of hearing: 13th February, 1994.
ORDER
NASIM HASAN SHAH, C.J.‑‑‑After hearing Syed Ashiq Hussain Gillani, learned counsel for the petitioner and perusing the relevant record we are satisfied that the order of the High Court upholding the conviction of the petitioner under section 302, P.P.C. and imposing the sentence of death is correct.
2. However, we observed that the judgment of the learned Additional Sessions Judge, Khanewal in this case was passed on 22‑1‑1986. Now in view of the terms of the Amnesty order, passed by the President of Pakistan dated 7‑12‑1988 the benefit of amnesty is available to all those convicts who had been sentenced the death by, Courts up to 6‑12‑1988, irrespective of the confirmation of the sentence of death by the higher Courts in appeal or otherwise". It is accordingly clarified that the petitioner will now suffer the sentence of life imprisonment and not death. He shall also be given the benefit of the provisions of section 382‑B, Cr.P.C. in the matter of computation of sentence.
3. This petition stands disposed of with these clarifications and directions.
N.H.Q./M‑2275/S Order accordingly.