' IQBAL HAMEEDUR RAHMAN, J.---Brief facts giving rise to this writ petition are that a case F.I.R. No.436 dated 13-9-1994 under sections 302. And 324 P.P.C. Was registered at Police Station Muzaffargarh against the petitioner. The trial was conducted and the petitioner was convicted and sentence to death under section 302, P.P.C. And 10 years under section 324, P.P.C. With a fine of Rs.20,000 by the learned Sessions Judge, Muzaffargarh vide judgment dated 16-2-1998. The petitioner filed a Criminal Appeal No.64/98 along with Murder Reference No.67/98 the appeal was dismissed on 9-1- 2001 and the death sentence was confirmed by this Court. The petitioner filed Criminal Appeal No.144 of 2001 before the Honourable Supreme Court of Pakistan which was also dismissed on 9-9- 2002.
2. The petitioner came to know that a Notification No.JB/GI/53405/35 dated 15-12-2001 has been issued, in which the President of Pakistan has granted special remission under Article 45 of the Constitution of Islamic Republic of Pakistan, 1973 to juvenile condemned prisoners whereby the death sentence of E juvenile as defined in the Juvenile Justice System Ordinance, 2000 at the time of commission of offence was commuted to life imprisonment. The date of birth of the petitioner is stated as 29-6-1977, whereas the occurrence took place on 13-9-1994 in this way the age of the petitioner is alleged to be 17 years, two months and 14 days i.e. Below 18 years at the time of occurrence. So the petitioner is entitled for the benefit of aforesaid remission. In this regard the petitioner tiled an application for inquiry about determination of the age before the learned Sessions Judge Muzaffargarh on 17-2-2005 who dismissed the same vide his order dated 23-4- 2005. Against the said order, the petitioner filed W.P. No.2409 of 2005 and the same was withdrawn by the petitioner on 21-2-2007. Thereafter another Writ Petition bearing No.1469 of 2007 was filed and the same was disposed of on 26-3-2007. As Writ Petition No.1469 of 2007 was not decided on merits, the petitioner has tiled this writ petition against the order dated 23-4-2005 passed by the learned Session Judge, Muzaffargarh. Along with this writ petition, the petitioner has filed an application (Civil Miscellaneous No.733 of 2007), praying that execution of death warrants dated 9- 5-2007 may be suspended till the final decision of the writ petition.
2- A. It. Is contended on behalf on the petitioner that for the determination of age of the child, medical report was mandatory but the same was not called for, therefore, the findings of the learned Sessions Judge cannot be said to be conclusive and the impugned order be set aside.
That a constitutional petition (Writ Petition No.2409 of 2005) was filed by the petitioner praying for the same relief earlier but the same was withdrawn vide order dated 21-2-2007 and thereafter another writ petition bearing No. 1469 of 2007 was also filed and the satiie was disposed of on 26- 3-2007 with the direction that execution of death warrant/(letter No.6676) issued by Superintendent, New Central Jail, Multan, on 17-3-2007 in the name of Muhammad Nasrullah son of Muhammad Akram is suspended till 8-4-2007, so that the petitioner may make last effort for effecting compromise with the heirs of the deceased. In case the compromise is materialized the parties shall file the same before the learned Sessions Judge Multan in terms of ..Section 338-E, P.P.C. In case the compromise is not effected between the parties, the order shall automatically lapse after the expiry of Court hours on 8-4-2007 and as Writ Petition No. 1469 of 2007 was not decided on merits, the present writ petition is maintainable.
3. On the other hand, the learned A.A.-G. Has opposed the acceptance of the writ petition as well as the application (C.M. No.733 of 2007).
4. We have heard learned counsel for
(4) Those who have been convicted. On or before 17-12-2001 are entitled for the above said special remission.