Nawab Ali vs The State

WAQAR AHMAD SETH, C.J.---This Criminal Appeal is directed again st the judgment/order dated 23.10.2012 of learned Sessions Judge, Swabi, whereby the appellant Nawab Ali son of Abdul Shakoor was convicted under Section 13 Arms Ordinance and sentenced to three years' R.1 in case FIR No. 21 dated 08.01.2012 under Section 13 Arms Ordinance Police Station Swabi (District Swabi). Benefit of Section 382-B Cr.P.C. was extended to the appellant.

2. At the very outset, learned counsel for the appellant stated at the bar that he does not want to argue the case on merits rather requested that the sentence awarded to the appellant in the instant case as well as in case FIR No. 721 dated 24.05.2010 under Section 302, P.P.C. registered at Police Station Swabi may be ordered to run concurrently .

3. Record suggests that the appellant has been awarded death sentence on four counts in case FIR No. 721 dated 24.05.2010 under Section 302, P.P.C. Police Station Swabi by the learned trial Court and the said conviction/sentence has been challenged by the appellant before this Court through Criminal Appeal No. 506- P/2012, however , the said Appeal was dismissed vide judgment/order dated 26.09.2013 and the same has been impugned before the Hon'ble apex Court through Criminal Appeal No. 159 of 2015. The said appeal came up for hearing and vide judgment/order dated 14.02.2019, the following order has been passed:- "This appeal is, therefore, dismissed and the convictions of the appellant on all the four counts of the charge under section 302(b), P.P.C. are maintained but this appeal is partly allowed to the extent of the appellant's sentences of death which are reduced to imprisonment for life on each of the four counts of the charge. We have found that the amount of compensation ordered by the trial court to be paid by the appellant to the heirs of each deceased is excessive and the same warrants reduct ion in the interests of justice. It is, therefore, ordered that the appellant shall pay a sum of Rs. 1,00,000/- (Rupees one hundred thousand only) to the heirs of each deceased by way of compensation under section 544-A, Cr.P.C. or in default of payment thereof to undergo simple imprisonment for six months on each of the four counts of the charge. All the sentences of imprisonme nt passed against the appellant shall run concurrently to each other and the benefit under section 382-B, Cr.P.C. shall be extended to him. This appeal is disposed of in these terms".

4. Admittedly , case FIR No. 721 dated 24.05.2010 under Section 302, P.P.C. Police Station Swabi was registered against the appellant for committing the murder of Iftikhar , Mst. Riffat, Aamir Khan and Sumbal, howeyer , the appellant was arrested and a Kalashniko v was also recovered from his possession; thus, the instant FIR No. 21 dated 08.01.2012 under Section 13 Arms Ordinance was registered against him at Police Station Swabi, wherein, at the conclusion of trial, the appellant has been convicted and sentenced vide impugned judgment/order , mentioned above. Since both the cases pertain to one and the same person i.e. the appellant and as per Section 397, Cr.P.C. read with Section 35(2)(a), Cr.P.C. the Court was empowered to order different sentences inflicted upon one accused to run concurrently , therefore, keeping in view the above facts, the request of learned counsel for the appellant being genuine acceded to.

5. In view of the above, it is directed that the sentence awarded to the appellant in case FIR No. 721 dated 24.05.2010 under Section 302, P.P.C. Police Station Swabi as well as sentence awarded to him in case FIR No. 21 dated 08.01.2012 under Section 13 Arms Ordinance Police Station Swabi (District Swabi) shall be deemed to have run concurrently .

6. Appeal stands disposed of accordingly .