Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 426(1-A)(c)---Penal Code (XLV of 1860), Ss. 302(b) & 452---Qatl-e-amd, house-trespass after preparation for hurt---Suspension of sentence---Delay in disposal of appeal---Accused allegedly inflicted hatchet injuries on the deceased in a brutal way for the reason that he (i.e. deceased) did not salute him---Trial Court convicted and sentenced accused under Ss.302(b) and 452, P.P.C.---Contention of accused was that a period of more than two years had passed but his appeal had not been decided within the statutory period as envisaged by S. 426(1-A)(c), Cr.P.C.---Complainant contended that conduct of the accused and the brutal and cruel manner in which he killed the deceased was of such nature which brought him under the category of a hardened, desperate and dangerous offender, and thus disentitled him from any concession due to the prohibition imposed by virtue of proviso to S.426(1-A), Cr.P.C.---Validity---Case order sheets showed that on each date of hearing counsel for accused was in attendance and not a single adjournment had been sought by him, nor disposal of appeal had been delayed on account of any act or omission on part of the accused---Alleged act of accused was not of such a nature which could bring him under the prohibitory clause of S. 426(1-A), Cr.P.C.---No material had been placed on record to show that accused was a habitual or previously convicted offender---Sentence awarded to accused by Trial Court was suspended in circumstances and he was released on bail. 1995 SCMR 1819; 2012 PCr.LJ 1172; 2012 YLR 1013; 2012 PCr.LJ 634; 2012 YLR 825; 2012 YLR 77; Criminal Appeal No.367 of 2010 and Criminal Appeal No.S-84 of 2008 rel. 1992 SCMR 1903; 1994 PCr.LJ 389; 1996 PCr.LJ 740; 1986 PCr.LJ 2184; 1998 SCMR 1749 and PLD 2002 (SC) 43 distinguished. ORDER AFTAB AHMED GORAR, J.---The appellant Mehmood having been aggrieved by his conviction and sentence awarded vide judgment dated 5-8-2010 passed by learned Sessions Judge. Mirpurkhas in Sessions Case No.11 of 1999 has preferred this appeal. Vide impugned judgment appellant has been sentenced to suffer life imprisonment for offence under section 302(b), P.P.C.…

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