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GHULAM MURTAZA versus STATE


Sections 35, 397 and 561 provide for a Conduct Code (XLV of 1860), Sections 302 and 324, as well as the death sentence, requiring the applicant / accused to be sentenced to death under Section 2302, PPC and Section I?4, pp. He was sentenced to seven years under the CI. On appeal by the trial court applicant, he was sentenced to life imprisonment and seven years imprisonment; RI convicted him under section 242424, PPC was upheld, life imprisonment under section 2302. There was no instruction to run alongside the death sentence. Under Section 4 324 and 4 PP4, PPC, the applicant was required to run simultaneously on the PPC and seven years' RI sentence, the mandate of section (35 (1)), death sentence under CRPC. Will be a continuous violation of a) from section 35 (2), CR PC. Thus, it was directed that under section 2302, life sentence imposed under PPC and Section 4 324, PPC should be carried out simultaneously for seven years RI.

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