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Petitioner: SHER MUHAMMAD VS Respondent: THE STATE
1997 P Cr
1997 P Cr. L J 431
[Lahore]
Before Mian Allah Nawaz and Muhammad Islam Bhatti, JJ
SHER MUHAMMAD and another---Petitioners
Versus
THE STATE---Respondent
Criminal Miscellaneous No.353/M of 1996/BWP, decided on 7th 'October 1996.
Criminal Procedure Code (V of 1898)---
----Ss. 382-B & 561-A---Penal Code (XLV of 1860), S.302/34---Grant of benefit of S.382-B, Cr.P.C.---One accused had been sentenced to imprisonment for life and the sentence of death of other accused had been converted into imprisonment for life on account of Presidential Order---Accused persons being entitled to the benefit of S. 382-B, Cr.P.C. the same was granted to them,
Khalil Ahmad v. The State 1994 MLD 1739 ref,
M.A. Rashid Chaudhary for Petitioner.
Muhammad Afzal Cheema and Zafar Iqbal Awan, A.A.-G. for the State
ORDER
Sher Muhammad, Muhammad Amin herein petitioners, Muhammad Sharif, Manzoor Ahmad son of Sher Muhammad and Manzoor son of Karim Bakhsh were tried under section 302/34, P.P.C. for assassination of Ghulam Yasin and his wife Mst. Aisha. Manzoor son of Karim Bakhsh died before the commencement of trial and so he was not tried. Manzoor. Ahmad son of Sher Muhammad, Sharif son of Baddar Din were acquitted. Sher Muhammad and Muhammad Amin/petitioners were found guilty and so sentenced death on two counts plus fine. This happened vide judgment rendered by Additional Sessions Judge, Bahawalpur on 21-7-1996. Against this order petitioner preferred appeal, which was accepted to the extent of assassination of Ghulam Yasin and death penalty of petitioners was reduced to life imprisonment while penalty of death inflicted on Sher Muhammad petitioner for murder of Mst. Aisha was maintained. The sentence of Muhammad Amin, however, was reduced to life imprisonment. The Appellate Court had rendered the judgment' on 27-5-1990. The petitioners' appeal before Supreme Court also failed. The death penalty of Sher Muhammad petitioner, however, was converted into life imprisonment on account of Presidential Order. This is how this criminal miscellaneous was moved by the petitioners.
2. Mr. M.A. Rashid Chaudhary, Advocate relied upon Khalil Ahmad v., State 1994 MLD 1739 to contend that the petitioners were entitled to award of benefit of section 382-B, Cr.P.C. as given in the aforenoted precedent. Learned A.A.-G. appearing on behalf of State was not able to dispute the above position.
3. Guided by the rule laid down in Khalil Ahmad's case supra, we find that this application must succeed. In result, we allow this application and grant benefit of section 382-B, Cr.P.C. to the applicants. The jail authorities shall make necessary computation in this behalf.
N.H.Q./S-91/L Petition allowed,