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Petitioner: MUHAMMAD ANEES VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Faqir Muhammad Khokhar, Khalil-ur-Rehman Ramday, Munir A. Sheikh Title: MUHAMMAD ANEES vs THE STATE Case No.: Criminal Petition No,774-L of 2001 Criminal Appeal No,981 of 1996 Date of Judgment:2002-04-03 Reported As: 2002 SCMR 1068 Result: Sentence reduced
JUDGMENT
JUDGMENT ' MUNIR. A. SHEIKH, J.---The petitioner was convicted under section 302(b)/34, P.P.C. For causing death of Muhammad Jafar and awarded death sentence by the trial Court through judgment dated 19-11-1996 which has been upheld by the Lahore High Court, Lahore, through the impugned judgment dated 23-10-2001 against which leave is sought. 2. On the last date of hearing, after hearing learned counsel for the petitioner and examining the record with his assistance, we found that it is not a case of acquittal as the conviction had been based on correct appraisal of the evidence but we observed that according to the findings of the trial Court which have been affirmed by the High Court, the motive part of the story was not plausible. It is also the case of the prosecution that the petitioner's sister was married to the complainant. The petitioner had a grievance that his sister was being maltreated on account of which a Punchait was called and it was during the proceedings of the Punchait that at the spur of moment some events happened on account of which this incident took place. 3. Keeping in view these circumstances, we find that it is eminently a fit case for reduction of sentence. 4. Resultantly, this petition is converted into appeal, the conviction recorded against the petitioner under section 302(b)/34, P.P.C. For causing murder of Muhammad Jafar, is upheld but the sentence of death is reduced to life imprisonment. Benefit of section 382-B, Cr. P.C. Shall be allowed to the petitioner. 5. Disposed of.