PLD 2024 SC 805 Life Imprisonment Case Laws & Judgments Jamal Khan Mandokhail, J. Brief background of this case is that the petitioner-convict Noman Mansoor alias Nomi was convicted and sentenced u/s 302(c) of the Pakistan Penal Code, 1860 (PPC) to undergo Rigorous Imprisonment for a period of 14 years by the Additional Sessions Judge VI (West), Islamabad (‘the Trial Court’) vide judgment dated 01.12.2012. He challenged the judgment by filing an appeal before the High Court. In the meanwhile, the complainant/wife of the deceased also filed an appeal u/s 417(2A) of the Code of Criminal Procedure, 1898 (‘Cr.P.C.’), alleging therein that on the basis of the facts and circumstances of the case, the sentence u/s 302(b) PPC should have been awarded to the convict/petitioner, instead of u/s 302(c) PPC, but the needful was not done, which amounts to his acquittal in the said section.
The High Court did not agree with the complainant’s plea of acquittal. However, while delivering its final judgment, the High Court converted the Criminal Appeal No.81/2012 filed against acquittal of the appellant/convict into a Criminal Revision Petition and allowed it. Consequently, the conviction and sentence awarded to the petitioner/convict by the Trial Court was converted from section 302(c) PPC to that of section 302(b) PPC and the sentence awarded to him was enhanced to imprisonment for life, hence this petition.
2. The complainant has also filed Criminal Appeal No. 215/2021 for further enhancement of the sentence from life to death. Both the titled matters are arising out of the same judgment impugned passed by the High Court, therefore, we propose to dispose of them together through a common judgment. Download
