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2002 SCMR 1217

IMRAN TAJAMAL KHAN vs MUMTAZ AHMED alias KAKA and others

Citation2002 SCMR 1217
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,460-L of 2001 Criminal Appeal No,411 of 1996 and
Date2002-02-13
Judge(s)Qazi Muhammad Farooq, Tanvir Ahmed Khan
ResultLeave refused

ORDER

' QAZI MUHAMMAD FAROOQ, J.---The respondent, Mumtaz Ahmed alias Kaka, was tried by the learned Additional Sessions Judge, Sialkot under section 302, P.P.C. For the murder of one Irfan Tajamal. He was convicted under section 302, P.P.C. And sentenced to death and also directed to pay compensation in the sum of Rs,20,000 under section 544-A, Cr.P.C. To the legal heirs of the deceased. The appeal preferred by him was, however, partly accepted by a learned Division Bench of the Lahore High Court, Lahore on 23-5-2001 and while his conviction under section 302, P.P.C.

Was upheld the sentence of death was altered to imprisonment for life. The complainant has sought leave to appeal against the said judgment with the prayer that the sentence awarded by the learned trial Court may be restored.

2. A lenient view in the matter of sentence was taken by the learned Judge in the High Court for the reason that the murder was preceded by a quarrel between the parties and firing was made by the accused during the process of grappling between him and the deceased.

3. After hearing the learned counsel for the petitioner and going through the record we feel no hesitation in holding that the sentence of death was rightly altered to imprisonment for life by the High Court. Consequently, the petition is dismissed and leave declined. 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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