Law:

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Keywords: Condonation Of Delay, Death Sentence, Impugned Judgment, Imprisonment, Trial Court, Investigation, Compensation, Under Coercion, Appeal Against Acquittal, Ulterior Motive CH. MUSHTAQ AHMAD, J.:- This judgment will dispose of above captioned criminal appeal filed by Muhammad Ali & Muhammad Faisal appellants who were convicted by learned Additional Sessions Judge, Lahore, in case FIR No.1056 dated 20.08.2008 registered under Sections 302/392/109, PPC, at Police Station Shahdara, vide impugned judgment dated 08.12.2012 and sentenced as under:- Death as Ta'zir to both appellants under Section 302(b) PPC for causing death of Hameeda Bibi and to pay Rs.2,00,000/- each as compensation to the legal heirs of deceased as required u/s 544-A Cr. P.C and in default of payment, further undergo S.I for six months each. Ten years rigorous imprisonment to both appellants under Section 392, PPC, and to pay Rs.20,000/- each as fine and in default of payment, further undergo S.I for six months each. Aggrieved by the aforesaid judgment, appellants preferred appeal, complainant Criminal Revision No.1244/2012 for enhancement of compensation amount whereas trial court sent Murder Reference No.498/2012, under section 374, Cr. P.C. for confirmation of death sentence awarded to Muhammad Ali and Muhammad Faisal appellants. Complainant also filed Criminal Miscellaneous No.3910-M/2013 for condonation of delay in filing appeal against acquittal of co-accused. We propose to decide all the matters through this consolidated judgment. 2. Ijaz Hameed complainant got registered this case on 20.08.2008 through complaint Ex.PG/1 stating therein that on 20.08.2008 at about 05.00 p.m, he, his mother Hameeda Begum, his wife Mst. Adila, his sister in law Mst. Farhat and younger children were present in the house when four unknown persons on seeing the door open, stepped into the house whose appearances were (1) thin body wearing pant shirt height 5' 6" colour Gandami armed with pistol (2) black colour wearing Shalwar Qameez body strong height average armed with pistol (3) thin and strong body wearing pant shirt colour Gandmi, height average, armed with pistol (4) body fat and strong…

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