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Initializing Secure Chambers
Petitioner: GULZAR AHMED alias GULLU VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Khalil-ur-Rehman Ramday, M. Javed Buttar Title: GULZAR AHMED alias GULLU vs THE STATE Case No.: Criminal Petition No,389-L of 2004 Date of Judgment:2005-05-25 Reported As: 2008 SCMR 1365 Result: Leave granted
Judgment ORDER ' KHALIL-UR-REHMAN RAMDAY, J.--- In the interest of justice and in view of the fact that the petitioner is in custody suffering a sentence of imprisonment for life, the delay in the filing of Criminal Petition No,389-L of 2004 is condoned. 2. We have heard the learned Advocate Supreme Court for the petitioner at some length. The petitioner had been awarded a punishment of death by the learned trial Judge which was, however, not confirmed by the Honourable High Court and was reduced to a sentence of imprisonment for life on the grounds that there was no deep-rooted enmity between the parties, that the murderer has used only a Chhuri and not a fire-arm weapon and further that the convict had given only a solitary blow to the deceased. It is on record and found proved by the two learned Courts that the convict-petitioner used to tease the womenfolk of the deceased party and it was on account of the complaint party restraining the convict from indulging in such activities that the petitioner had done the deceased to death. 3. In these circumstances the conversion of the sentence of the normal penalty of death into a sentence of imprisonment for life, is a question which requires serious consideration. We would, therefore, issue notice to the petitioner to show cause why, in case of failure of this petition, he should not be punished with death. 4. Since we have issued notice to the petitioner, therefor, we will allow this petition also and grant leave to appeal to him to reappraise the evidence for the said purpose. 5. The notice order to be issued to the petitioner shall be sent to him through the Superintendent of Jail in which he is presently lodged.