1. ' Records were perused., Muhammad Hassan, petitioner was convicted under section 302, A. P. C.
2. And sentenced to death by the Sessions Judge, Mirpur. On appeals to the Courts above, his appeals failed. The petitioner contends that he could not be awarded the sentence of death under section 302, A. P. C. For being un-Islamic. At the time the offence was committed by the petitioner, the Islaami Tazeerati Act was not enforced and so his trial was held and concluded under the provisions of Penal Code. Even in Islamic Law, section 302, P. C. May come into operation as a .Tazeeri provision if prescribed standard of evidence by the Islamic Law of evidence for the offence of murder is not available and this becomes then the right of the Qazi to act according to the circumstances of the case and sentence may even extend to death.
3. The execution of sentence of death by hanging is also not against the injunctions of Islam. The points raised by the petitioner in his application were resolved by this Court in a case entitled Eid Wall v. State (I). In view of that decision this petition is liable to be dismissed. Besides, this Court cannot sit over the judgments of the High Court and Supreme Court so as t hinder the way for implementation of the judgments of those Courts.
4. That being so, this petition stands dismissed. A copy of this order shall be sent to Muhammad Hassan, culprit for his information in jail where be stands confined. {{FOOTNOTE}}
(1) 1983 P Cr. L J 1488 {{FOOTNOTE}}