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2002 SCMR 1188

GUL MUHAMMAD GONDAL vs MUHAMMAD NAWAZ and others

Citation2002 SCMR 1188
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,434-L of 2001 Criminal Appeal No,792 of 1997
Date2002-02-11
Judge(s)Qazi Muhammad Farooq, Tanvir Ahmed Khan
ResultLeave refused

' QAZI MUHAMMAD FAROOQ, J.---Muhammad Nawaz and Nadeem respondents were convicted by the learned Sessions Judge, Gujrat, vide judgment dated 27-11-1997 under section 302/34, P.P.C.

And sentenced to imprisonment for life and directed to pay a sum of Rs,1,00,000 each as compensation to the legal heirs of the deceased or suffer 2 years further R.I. In default. Benefit of section 382-B, Cr.P.C. Was also extended. The appeal filed by the respondents. Was partly accepted by a learned Judge in Chambers of the Lahore High Court, Lahore, vide judgment dated 1-6-2001, and not only their conviction was recorded under section 302(c), P.P.C. but the sentence of imprisonment for life was also reduced to 10 years' R.I. Each. A lenient view in the matter of sentence was taken by the High Court for the reason that both of them were about 14/15 years of age.

2. It was contended by the learned counsel for the petitioner that the respondents did not deserve any leniency as they had poisoned a young boy to death.

3. After going through the impugned judgment and the material on record we do not find any force in the contention. Notwithstanding the tender age of the respondents a case for taking a lenient view in the matter of sentence is made out on peculiar facts and circumstances of the case which require determination of the question of sentence within the purview of section 302(c), P.P.C. The petition is, therefore, dismissed and .

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