GHULAM ABBAS ALIAS MUHAMMAD ABBAS Versus THE STATE

1. MUHAMMAD MUNIR KHAN, J.-- This Criminal Appeal No. 152 of 1985 and connected Murder Reference No. 69 of 1985 arise from the judgment of learned Additional Sessions Judge, Gujranvrala whereby he on 27-2-1985 convicted Ghulam Abbas alias Muhammad Abbas appellant under section 302, P.P. C. for the murder of Mazhar Qayyum and under section 14 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with section 380, P.P. C. for theft of the movable property of the deceased and sentenced him as under:-----

2. Under Section 302/34, P.P.C. in default thereof 2 years' R.I. to death and a fine of Rs.5,000

3. Under section 14 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with section 380, P.P.C. to 3 years' R

2. Since after hearing the learned counsel for the parties, we do not feel inclined to entertain the appeal as well as the Murder Reference, for lack of jurisdiction, therefore, we need not set out the facts in detail and enter into the merits of the case. We find that the learned Additional Sessions Judge was quite competent to try both the offences punishable under section 302, P.P.C. as well as under section 14, of the Offences Against Property (Enforcement of Hudood) Ordinance, charged against the appellant; that he was also competent to award punishable under sections 302, P.P. C. as well as 14: of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, that as a result of one trial he has convicted him under two different statutes; that against these convictions and sentences Ghulam Abbas appellant has filed appeal in this Court and the learned Additional Sessions Judge has also submitted proceedings to this Court for the confirmation of death sentence under section 374, Cr.P.C. and that it has been held by the Honourable Shariat Bench of the Supreme Court in case 'Muhammad Abbas and another, v. The State' reported as 1984 S C M R 129 that in such a situation, the appeal would lie only before Federal Shariat Court and proceedings would also be submitted to that Court for confirmation of sentence of death and not to the High Court.

4. For what has been said above, we feel that the present appeal as well as reference made by the trial Court to this Court, are not competent. Disposed of accordingly.

5. M.Y.H./G-109/L Appeal not entertained.