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Petitioner: Mst. RAZIA alias JIA and others VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Falak Sher, Khalil-ur-Rehman Ramday, M. Javed Buttar Title: Mst. RAZIA alias JIA and others vs THE STATE Case No.: Criminal Petition No,638-L of 2003 and J.Ps. Nos.359 367 of 2003 Date of Judgment:2005-05-23 Reported As: 2007 SCMR 1918 Result: Leave granted
Judgment ORDER ' We have heard M. Aftab Ahmad Bajwa, Advocate Supreme Court for Mst. Razia alias Jia convict and Ch. Muhammad Anwar Khan, Advocate Supreme Court for Manzoor Ahmad convict. Manzoor convict was alleged to be the paramour of Mst. Razia petitioner and the two were accused of having murdered the husband of Mst. Razia i,e, Bashir Ahmad deceased. The ocular testimony comprised the statements of two children of Mst. Razia petitioner and Bashir deceased i,e, Naveed (P.W.3) and Naheed Akhtar (P.W.4). There is a finding of the learned trial Judge affirmed by the Honourable High Court that both the children were mature persons and their testimony was thus, reliable. 2. Two persons have been sentenced to death in these cases and we consider it appropriate to reappraise the evidence to ensure that the conviction and punishments recorded against the said two petitioners had been validly recorded. Another question which would require examination would be the imposition of death penalty on Mst. Razia petitioner in view of the provisions of section 308 of the Pakistan Penal Code. 3. In this view of the matter, all these petitions i,e, Criminal Petition No,638-L, Jail petitions Nos.359 and 367 of 2003 are allowed and leave to appeal is granted in all these cases for the said purpose. The delay in filing these petitions is condoned.
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