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Criminal Petition for Special Leave to Appeal No. 270 of 1980, decided on 28th March, 1982.
(On appeal from the judgment dated 16‑4‑1980 of the Lahore High Court Lahore in Criminal Appeal No. 276 of 1979 and Murder Reference No. 155 of 1979).
-----Art. 185(3)‑Leave to appeal‑Granted to consider whether sentence of death can be reduced in view of heirs of deceased having pardoned accused petitioner in circumstances of case‑Heirs of deceased ordered to be present at final hearing of case‑Penal Code (XLV of 1860), S.302.
Muhammad Bashir v. The State P L D 1982 S C 139 ref.
Maqbool Ellahi Malik, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing: 28th March, 1982.
‑The petitioner Asghar Ali stands convicted under section 302 of the P. P. C. for the murder of Irshad Bibi, wife of his brother Barkat Ali and has been sentenced to death. The sentence has also been confirmed, on appeal and reference, by the High Court. Hence this petition for special leave to appeal.
The learned counsel for the petitioner, in support of this petition, only seeks reduction of sentence and in this connection submits that the heirs of the deceased have pardoned and forgiven the petitioner. This plea is confirmed by a written application submitted on behalf of the husband of the deceased, who is also the guardian of her children. Reliance is placed on Muhammad Bashir v. The State (PLD1982SC139) for the proposition that the sentence can be reduced in such circumstances.
Leave to appeal is, accordingly, granted to consider whether in the circumstances of this case the rule laid down in the above case is attracted and the sentence of the petitioner can be reduced.
The heirs of the deceased should be present at the final hearing of the case, which should be fixed at an early date, on the present record.
Leave granted.
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