AAMIR MAJEED vs THE STATE

' SARDAR MUHAMMAD RAZA KHAN, J.--- Aamir Majeed son of Abdul Majeed with reference to F.I.R.

No,618 dated 12-10-1994 of Police Station Mughalpura, was tried under section 302/34, P.P.C. Along with others. At the close of trial he was convicted under section 302(b)/34, P.P.C. And sentenced to death along with payment of Rs,50,000 as compensation under section 544-A, Cr.P.C. The aforesaid conviction and sentence dated 21-6-1999 was challenged before the High Court but the appeal was dismissed vide judgment dated 5-11-2002.

2. It appears that the convict Aamir Majeed never resorted to any further remedy and hence the aforesaid judgment of the learned High Court became final. To the good fortune of the convict a general amnesty was granted by the President whereby his death sentence got converted into life imprisonment. He has filed the instant petition through jail authorities claiming only the benefit of section 382-B, Cr.P.C.

3. Learned counsel for the petitioner, in order to avail the benefit of section 382-B, Cr.P.C., placed reliance upon a judgment of this Court in Ghulam Murtaza v. The State PLD 1998 SC 152, where the benefit was extended to the convict holding that on conversion of death sentence into life imprisonment, by the High Court, it was incumbent upon the High Court to have considered the implications of section 382-B, Cr.P.C. And to have granted such benefit in the circumstances.

4. The authority is not strictly applicable to the facts of the present case because in there the death sentence was converted into life imprisonment by the High Court, whereas, in the instant case, the sentence is converted into life imprisonment through a general amnesty granted by the executive authority.

5. A Full Bench of this Court in Muhammad Ahmad v. The State 1997 SCM R 89 has already ruled that benefit of section 382-B, Cr.P.C. Is not available where death sentence is converted into imprisonment for life by general amnesty granted by the executive authorities and further, that such benefit is available only where a Courts decides to pass a sentence of imprisonment.

6. While following and reiterating the aforesaid principle, we find no merit in the instant petition, which is hereby dismissed. The petitioner be informed accordingly.