Law:

Section: 164,340(2),342,423,439

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 423 & 439---Penal Code (XLV of 1860), Ss. 302, 201, 202, 404 & 34---Qatl-i-amd, dishonestly causing disappearance of evidence of offence or giving false information to screen offender, intentional omission to give information of offence by person bound to inform, misappropriation of property possessed by deceased person at the time of his death, common intention--- Revision--- Maintainability--- Revision petition for enhancement of sentence---Scope---Accused persons were charged for committing murder of the father of complainant, snatching Rs. 1,70,000/- from him and retaining the outstanding amount of Rs. 2,70,000/----Accused and co-accused were tried by Trial Court and both were convicted---Accused had preferred appeal but the co-convict had not challenged his conviction, however, State had filed criminal revision for enhancement of sentence---Effect---Section 439(6), Cr.P.C. described that if the accused had not filed appeal against his conviction and High Court while exercising revisional jurisdiction was under statutory obligation to hear the accused to whom notice had been given under S. 439(2), Cr.P.C., as he was also entitled to show cause against his conviction---Record showed that the counsel for the accused and co-convict argued the entire case on merits---No legal embargo, in circumstances, existed to appraise the case of the non-appealing accused on merits to adjudge as to whether the evidence adduced by prosecution during the trial was sufficient enough to hold him guilty or not. Mst. Muhammadia v. Zari Bacha and another PLD 1982 Pesh. 85 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 423---Power of appellate court in disposing of appeal---Scope---If co-accused had filed the appeal, court while exercising powers under S.423 Cr.P.C., was obliged to consider the case of the non-appealing accused and could pass any order according to the merits of the case. Amin Ali and another v. The State 2011 SCMR 323 rel. (c) Penal Code (XLV of 1860)--- ----Ss. 302, 201, 202, 404 & 34---Qatl-i-amd, dishonestly causing disappearance of evidence of offence or giving false information to screen…

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