' Briefly stated the facts are that the petitioners were convicted by the learned Additional Sessions Judge, Bahawalnagar under section 302(b), P.P.C. Vide judgment, dated 15-6-1994 and were sentenced to death. Their co-accused Noor Hasan was also convicted under section 302(b), P.P.C.
Read with'109, P.P.C. And was sentenced to life imprisonment. The convicts filed Criminal Appeals Nos.63 and 64 of 1994 and similarly Murder Reference No,30 of 1994 was also forwarded to this Court as required under section 374, Cr. P.C. The said criminal appeals as well as the murder reference came up for hearing before my learned brothers Riaz Kayani and Khawaja Muhammad Sharif, H. Who disposed of the same vide judgment, dated 11-11-1998 whereby death sentence of the petitioners was converted into life imprisonment. However, while disposing of the appeals as well as murder reference they did not address themselves to the provisions of section 382-B, Cr.P.C. As the judgment is silent on that point.
2. The instant petition has been filed by the convicts/petitioners seeking a direction to the effect that they are entitled to the benefit of section 382-B, Cr.P.C.
3. Arguments have been heard and record perused.
4. It is submitted by the learned counsel for the convicts/petitioners that initially they were sentenced to death vide judgment, dated 15-6-1994 which sentence was converted into imprisonment for life vide judgment, dated 11-11-1998, that while converting their death sentence into imprisonment for life benefit of section 382-B, Cr.P.C. Has not been extended to them, that the judgment, dated 11-11-1998 reveals that the learned Judges did not address themselves to this provision of section 382-B, Cr.P.C. While passing the judgment referred to above, that it is mandatory on the part of the Court while passing the judgment to extend benefit of section 382-B, Cr.P.C. Or give explicit reasons for not extending such benefit, that as no such reasoning has been given in the judgment referred to above, so the petitioners are entitled to the said benefit. In support of his stand, he has placed reliance on Hakim Khan v. The State 1994 PCr.LJ 873, Ghulam Murtaza v. The State PLD 1998 SC 152 and Javed Iqbal v. The State 1998 SCM R 1539.
5. Conversely, the learned counsel for the State has also subscribed to the view expressed by the learned counsel for the petitioners.
6. Admittedly, both the petitioners were initially convicted under section 302(b), P.P.C. And were sentenced to death. Upon appeal the said sentence has been commuted to imprisonment for life as is evident from the judgment, dated 11-11-1998. A perusal of the afore-mentioned judgment evinces that the learned Judges have not addressed themselves to the provisions of section 382-B, Cr.P.C. While disposing of said appeals as well as murder reference. As per section 382-B, Cr.P.C.
The benefit is to be extended to the convicts at the time of passing final order of conviction or otherwise the Court has to give reasons for declining the said benefit. The judgment, dated 11-11- 1998 does not contain any reason for not extending benefit of section 382-B, Cr.P.C. To the convicts/petitioners. It is, thus, clear that the convicts/petitioners are entitled to the benefit provided under the law contemplated by section 382-B, Cr.P.C. This view stands fortified by judgments referred above.
7. As a sequel to the facts narrated above, the petition is accepted and a direction is issued to the Superintendent concerned to grant the benefit of section 382-B, Cr.P.C. To the convicts/petitioners.