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1987 SCMR 1871

MAQBOOL AHMAD vs AMIRUDDIN And Another

Citation1987 SCMR 1871
CourtSupreme Court of Pakistan
Case No.Criminal Petitions Nos. 290 and 308 of 1982 Criminal Appeal No.672 of 1980
Date1987-05-09
Judge(s)Aslam Riaz Hussain, Saad Saood Jan
ResultPetitions dismissed

ORDER

SAAD SAOOD JAN, J.-- Amiruddin alongwith Muhammad Arshad Muhammad Aslam, Maqbool Ahmad and Muhammad Sharif, was tried by the Additional Sessions Judge, Sahiwal on a charge under section 302 of the Pakistan Penal Code for causing the death of Muhammad Akram deceased. The learned Additional Sessions Judge acquitted the co-accused by giving them the benefit of doubt but convicted Amiruddin of the offence under section 302 and sentenced him to death and to pay fine. On appeal and reference, the High Court maintained his conviction but reduced his sentence to imprisonment for life. It also enhanced the amount of fine to Rs.20,000.

Amiruddin has asked for leave to appeal to challenge his conviction and sentence. A brother of Muhammad Akram deceased also seeks leave to appeal for restoration of the sentence of death.

2. Both the petitions are barred by time. The explanations offered for the condonation of delay are not satisfactory. On merits too the petition preferred by Amiruddin has no substance. There were two eye-witnesses of the occurrence who saw him stabbing the deceased in the chest. The learned Additional Sessions Judge and the High Court have believed their testimony and we see no reason to disagree with their assessment of the ocular testimony. Both the petitions are accordingly dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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