Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 302,379

(a) Constitution of Pakistan (1973)--Art. 185(3)--Penal Code (XLV of 1860), Ss. 302 & 379-'-Leave to appeal--Petition for leave to appeal through jail delayed by 680 days-­Delay condoned by Supreme Court in view of long sentence of life imprisonment to enable examination of case on merits.--[ Condonation of delay--Sentence]. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Penal Code (XLV of 1860), S. 302--Leave to appeal-­Finding of High Court that testimony of solitary eye-witness could safely be relied upon particularly when there was no suggestion by defence side that said eye-witness was in any way inimical towards accused or that he had any direct motive to implicate accused falsely-­Supreme Court being satisfied with the findings of High Court refused to grant leave to appeal against such finding--Benefit of S. 382-B, Cr.P.C. in computation of sentence was however, extended to accused. JUDGMENT NASIM HASAN SHAH, J.-- The petitioner, herein, Muhammad Bakhsh alias Muhammadi (accused) was tried by the learned Sessions Judge, Muzaffargarh under sections 302 and 379, P.P.C. for committing the murder of Ahmad Bakhsh (deceased) by firing with a revolver at his face from the front side on 6-11-1972 at about 10.00 a.m., in the area of Village Khiara Karor Nashaib, Police Station Karor, Tehsil Leiah, District Muzaffargarh and also for committing the theft of the mare on which the deceased was riding at the time of occurrence. He was found guilty on both counts and was accordingly convicted under section 302, P.P.C. and section 379, P.P.C. but was awarded a sentence for imprisonment for life under section 302, P.P.C. and one year's R. I. under section 379, P.P.C. vide the judgment dated 29-1-1975 whereby the said two sentences were ordered to run concurrently. On appeal (Criminal Appeal No.2.00 of 1975) filed through the Jail authorities, Mr. Justice Aslam Riaz Hussain, then a Judge of the Lahore High Court, Lahore vide the judgment dated 25-6-1976 maintained the convictions and sentences of the petitioner with the observation that the learned Sessions Judge in awarding the sentence of life imprisonment to the petitioner had dealt with him very leniently…

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