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1989 SCMR 1475

MUHAMMAD ZIKIRYA vs MUHAMMAD RAEES and another

Citation1989 SCMR 1475
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No,448 of 1985
Date1989-03-04
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal, Syed Usman Ali Shah
ResultLeave refused

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment of the High Court whereby in a murder case the respondent's appeal against conviction under section 302, P.P.C. And also sentences of imprisonment for life and fine were upheld and at the same time the petitioner's Criminal Revision for enhancement of the sentence to death, was dismissed. This petition has been moved by the complainant's side with a view to seek enhancement of sentence.

2. ' Apart from the technical ground that the judgment of the High Court in appeal is silent on the disposal of the Criminal Revision, which was separately disposed of by a short order, learned counsel has also advanced the argument that in the circumstances of this case the sentence of death was more proper punishment for the respondent No, 1.

3. The two factors on the question of sentence which have gone in favour of the respondent/convict are: (i), his tender age at time of the offence, and (ii) the failure from the prosecution side to give the details of the motive, relevant for the offence at the earlier stage.

4. After hearing the learned counsel we find that in so far as the facts and circumstances of this case are concerned, the approach of the learned Courts below on matter of sentence, was neither illegal nor it suffered from any other error including that of any principle. Leave to appeal, accordingly, is refused. 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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