Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 337-F(i), 337-F(ii), 302 & 34--Conviction and sentence--Challenge to--Benefit of doubt--Appellant was aged about 70 years--He has served about six years in jail--Material contradictions in statements of prosecution witnesses--He was found innocent during investigation--Probability of his false involvement, being head of his family, for humiliation purpose cannot be ruled out--Age and ailment of the appellant while extending him benefit of doubt--Appeal allowed--Held: Law on the point is very clear--Since he was convicted and awarded sentences in one case for different offences vide the same Judgment--Sentences are directed to run concurrently, which he has already, statedly served out--In any case re-sending him to jail would not serve any useful purpose nor would it be in good administration of justice--Sentence awarded to him was reduced to one which he has already undergone--He was on bail, his surety stand discharged. THIS ORDER PASSED BY: PERVAIZ INAYAT MALIK, JUSTICE---.--- The appellants were tried by learned Additional Sessions Judge, Sahiwal in case FIR No. 21/1996 dated 01.02.1996 for offences under Sections 337-F(i), 337-F(ii)/302/34 PPC registered at Police Station Dera Raheem, District Sahiwal and was awarded life imprisonment vide the impugned judgment dated 22.3.2001 alongwith payment of compensation of Rs.50,000/- to the legal heirs of the deceased. In default whereof he was further directed to undergo simple imprisonment for a period of six months. 2. Vide the same judgment co-appellants Muhammad Shafique and Muhammad Shabbir were also convicted. Para 28 of the impugned judgment is reproduced here-under: `Muhammad Shabbir accused is sentenced to three years RI alongwith Daman of Rs. 10,000/- as compensation to the victim GhulamMustafa and in default of payment of Daman he shall undergo further SI for a period of two months. Shabbir accused is also sentenced to one year RI and as DAMAN Rs. 5000/- as compensation to the victim Muhammad Ramzan and in default of payment of Daman this accused shall undergo further SI for a period of one month. Shafique accused is sentenced to RI for a period of…

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