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2001 SCMR 2024

SULTAN ALI vs THE STATE

Citation2001 SCMR 2024
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,169-L of 2001
Date2001-05-04
Judge(s)Rashid Aziz Khan, Rana Bhagwan Das, Tanvir Ahmed Khan
ResultPetition allowed

' RASHID AZIZ KHAN, J.---Facts in brief are that petitioner was tried for murder of Ghulam Akbar and sentenced to death by trial Court. On appeal, death sentence was not confirmed and was altered to imprisonment for life and appeal was dismissed. Petitioner applied to the appellate Bench for grant of benefit of section 382-B, Cr.P.C. But the same was refused. In the present petition he seeks the same relief. Learned A.A.-G., present in the Court was asked to assist. She has cited a number of judgments on the point that grant of benefit of section 382-B, Cr.P.C. Is mandatory unless reasons are recorded otherwise.

2. We have heard both the sides at length and have noticed that petitioner had committed murder of Ghulam Akbar because petitioner suspected Ghulam Akbar of having illicit relations with his wife. Learned Division Bench of Lahore High Court had altered the death sentence to imprisonment for life by holding that family honour was involved. Prosecution case was also to the effect that petitioner suspected Ghulam Akbar of having illicit relations with his wife and prior to the incident he had forbidden him for visiting his father-in-law's house.

3. In view of peculiar situation; we convert this petition into appeal and accept the same and direct that petitioner shall be given benefit of section 382-B, Cr.P.C. Petition is allowed. 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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