2002 PLP 1818 (SCMR)

(On appeal from the judgment dated 23‑11‑2000 passed by the Peshawar High Court, Peshawar in Criminal Application No.331 of 1999). ‑‑‑‑Ss. 302/34 & 307/34‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑ Leave to appeal had already been granted to other accused in the connected appeal arising out of the same transaction which was pending‑‑‑Leave to appeal was, therefore, granted to the accused in the present case as well to inter alia consider the same points on which the leave was granted in the connected case. Sardar M. Siddique Khan, Advocate Supreme Court for Petitioner. Nemo for the State. Date of hearing: 17th September, 2001. IFTIKHAR MUHAMMAD CHAUDHRY, J.‑‑‑The petitioner Mandoos Khan faced trial under section 302/34, P,P.C. on stated allegation that on fateful day i.e. 23rd July, 1988, he alongwith co‑accused convict Amrood Khan being duly armed with Kalashnikov in furtherance of their common intention committed the murder of Liyas Khan son of Mawas Khan, Samiul Haq son of Liyas Khan, Shaliur Rehman son of Said Rahman, Bashir Ahmad son of Said Rehman, Said Rehman son of Liyas Khan. It is stated that after the commission of crime the petitioner made his escape good whereas co‑accused Amrdod Khan was arrested. As such the petitioner was proceeded against in absentia whereas during trial co‑accused Amrood Khan was found guilty for the commission of the offence charged against him by the trial Court on 1st February, 1992 and was sentenced to death. Appeal filed by him being Appeal No.21 of 1992 before the Peshawar High Court has also been dismissed on 12th February, 1995. Against the appellate order Amrood Khan convict filed Petition for Leave to Appeal No.20‑P of 1995 in which leave was granted on 15th October, 1995 and now appeal arising out of the said Petition being No.463 of 1995 is pending. In the meanwhile petitioner Mandoos Khan was arrested and put to trial. Consequently he was also found guilty for the commission of offence as such vide judgment dated 16‑11‑1999 he was convicted and sentenced to death under section 302/34 on all the five counts. He was also convicted under section 307/34 of the old P.P.C. to R.I. for four years on two counts with a fine of Rs.10,000 for each count or in default of payment of fine to suffer one year R.I. Appeal filed by him before the Peshawar High Court, Peshawar being Appeal No.331 of 1991 has been dismissed on 23‑11‑2000 as such instant petition has been filed for leave to appeal. Because connected case. i.e. Cr.A.463 of 1995 arising out of the same transaction is pending, and therefore, we grant leave to appeal in this case as well to inter alia consider the same points on which the leave was granted in the connected case and direct that both the matters be fixed together for hearing. Accordingly leave to appeal is granted. N.H.Q./M‑361/S Leave granted.