WE SEND OVER CASE TO CHEIF JUSTICE OF PAKISTAN BUT NO ANY ACTION, IS IT JUSTICE ?
To,
THE HOBOURABLE CHIEF JUSTICE
SUPREME COURT OF PAKISTAN
SUJECT: APPLICATION FOR THE ENHANCEMENT OF
SENTENCE AS A DEATH.
R/Sir,
With highly steam request in your kind majesty, Sir, the brief facts of my
unfortunate is as under:-
1. That sir, I am being victimized and spending very miserable life since
1999, when some notorious culprits each namely 1. Muhammad Bux
2. Dhan I Bux 3. Rasool Bux 4. Nabi Bux, All sons of one Abdul Ghafoor by
caste Laghari 5. Abdul Ghafoor S/o Allah Dino laghari, R/O Tando Allahyar
have committed triple murder of my family duly armed with fire arm weapons
and hatchets including my father namely Muhammad Aalam and my maternal
Uncle Muhammad Ashraf S/o Muhammad Bux has been injured therefore
Promptly lodged the FIR bearing crime No:103 of 1999 with Tand Allahyar
police station U/S 302, 324, 147, 148, 149, 452 PPC, on the same Day of incident
at 2:15 hours PM.
2. That, the accused were tried in consequence of registration of above FIR before the courts of 1st Additional session judge, Hyderabad (Mr. Sikandar lashari) in Session case No.719 of 1999 arising out of crime No: 103 of 1999 registered at P.S tando Allahyer.
3 That, sir during the pendency of the criminal case so many hindrance And threats of dire consequences were issued to me and my witnesses, So also I was compelled for not perusing the case, in this critical situation To save my skin from them I decided to shift my residence from Tando Allahyar to Karachi.
4 That, after the trial, allegation of guilt were stand proved against All of the accused, therefore learned Trial Court convicted all the Accused U/S 302 PPC
Cont:
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and all the accused were sentenced to suffer Imprisonment of life plus a fine
of 50000/= each by judgment passed on 10-04-2007.
5 That, being aggrieved with the sentence of Imprisonment of life which Were awarded to the accused No.1 to 5 instead of capital punishment of Death, I have preferred criminal Revision No: D. 71 of 2008 U/S 439 Cr.P.C. Which is still pending before the honourable high court of sindh, Hyderabad.
6 That, the accused side also filed criminal jail Appeal No.S-103/2007, in which
The sentence of life imprisonment which was awarded to the accused Nabi
Bux was suspended and was released subject to furnishing surety in the sum
of 50000/= by the honourable high court ( Mr. Justice Moosa K.Laghari ) on dated: 12- 10-2007.
7. That, the above suspension order of the sentence of Imprisonment of life and the released of one accused Nabi bux on bail from jail in triple murder case is under question mark, above the law perhaps It might happened due to same Cast as accused is the Cast fellow of (Mr. Justice Moosa K. Laghari).
8. That, all the accused vicariously and intentionally have committed a murder of
may 3 family members in brutal manner after trespassing in my house duly armed with fire arm weapons and hatchets, despite of that accused Nabi Bux was released on bail, which is abused the law and justice.
9. That, the Sentence / Punishment which is awarded by the Trail Court for
committing triple murder to the accused is very much lesser/very short and is equal to awarding them with concession.
10. That, the accused do not deserve such leniency, the more so when the
three person murdered were also members of one family, Sentence of
imprisonment of life is equal to 14 years and this pity sentence can not bring
back three innocent lives/persons which were brutally murdered by them.
Cont:
Page. 03
11. That, the vital role has been attributed against accused Nabi Bux and
same was fully supported and proved by the prosecution side but despite of that
accused is out of jail on bail, therefore Honourable High Court has no power to
give concession to any of accused in a criminal case specially in murder cases.
12. It he is at large he would repeat the same crime as he is threading it do so
there fore life of my family member are in grave imminent danger.
13. That accused Nabi Bux openly taking law in his own hands he along with
his accomplices showed force of weapons.
14. That, sir for the redressal of my grievances I took all the legal efforts
which were available and yet praying for justice, now I don’t have an other way
except to Knock the door of majesty, hence this Honourable Court has
discretionary powers to call for the record and proceedings for the correction of
irregularities and sentence of imprisonment of life may be enhanced as a capital
punishment i.e. as a Death sentence and bail accused Nabi Bux my be rejected.
I ever remain thankful to you.
Hyderabad
Dated:- __01-10-2010_________
Your’s sincerely
Muhammad Akram
S/o Muhammad Shaffi Arain
& Muhammad Ashraf
S/o Muhammad Bux Arain
C/o Aijaz Ahmed Shekh Advocate
Sindh High Court (Circuit Hyderabad)
Gole Building 3rd flour Chamber No. 16. Hyderabad