MUHAMMAD MUSHTAQ Versus STATE

ORDER

The petitioner was convicted under section 302, P.P.C. for the murder of Muhammad Akram by a learned Additional Sessions Judge, Rawalpindi and sentenced to suffer death and a fine of Rs.30,000 or in default three years R.I vide his judgment dated 31-8-1988. He filed appeal against the aforesaid conviction and a reference was also made under section 374, Cr.P.C. by the learned trial Court for confirmation of the death sentence. The reference of confirmation was accepted; whereas, the appeal filed by the petitioner/appellant was dismissed by this Court vide judgment dated 13-5-1991. In the meantime, the death sentence awarded to the petitioner was converted into imprisonment for life by the Executive Authorities on account of General Amnesty Order dated 7-12-1988. Now the petitioner has prayed through this jail petition that he should be given benefit under section 382-B, Cr.P.C.

2. Learned counsel for State has relied upon 1995 SCMR 671, titled Noor Muhammad alias Noora v. State to urge that the petitioner is not entitled to benefit under section 382-B, Cr.P.C. because the sentence of death was cummuted to imprisonment for life by the Executive Authorities under General Amnesty and not by any decision of the Court.

3. On going through the aforesaid authority cited at the Bar, we find that petitioner is not entitled to the benefit under section 382-B, Cr.P.C. as his sentence was not reduced by any decision of the Court. The petition is accordingly dismissed.

N.H.Q./M-337/L Petition dismissed.