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1994 SCMR 584

AHMAD ALI and 2 others vs THE STATE

Citation1994 SCMR 584
CourtSupreme Court of Pakistan
Case No.Criminal Appeal No, 246 of 1992 Criminal Appeal No, 763 of 1986 and M.R.
Judge(s)Sajjad Ali Shah, Abdul Qadeer Chaudhry, Wali Muhammad Khan
Resultleave grant

1. ' ABDUL QADEER CHAUDHRY, J.---Leave was granted to consider the commutation of sentence. The ing order reads as under:-- "In view of the judgment of this Court dated 27-4-1992 dismissing Criminal Appeal No,216/1991 filed by co-accused of the petitioners, the learned counsel for the petitioners does not challenge the conviction. However, relying on the judgment of this Court in Eid Muhammad's case (Criminal Appeal No,49/1991) he contends that the death sentence stands commuted to life imprisonment.

2. ' Having gone through the evidence we for that the prosecution evidence against the petitioners was on a stronger footing than that of their co-convicts. The trial Court observed that the motive was directed only against Ahmad All son of Bashir Ahmed and his sons i,e. The petitioners herein and not against their co-convicts and medical evidence also provided corroboration against them. This finding was upheld by the learned Judges of the High Court for valid reasons.

3. The contention regarding commutation of sentence, however, requires consideration and leave to appeal is, accordingly, granted to consider this question only."

2. The appellants were convicted by the learned trial Judge on 29-9-1986. The judgment of the High Court is dated 6-11-1990. In view of the judgment of this Court in Eid Muhammad v. The State (PLD 1993 SC 17), appellants No,1 and 2 are entitled to the concession of Presidential Amnesty. Their sentence of death is altered to life imprisonment. With this modification in the capital punishment the appeal is dismissed.

4. ' Sentence reduced.

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