Law:

Section:

Constitution of Pakistan (1956), Art. 163 (3)-" Doing com­plete justice "-Supreme Court may suo motu enhance sentence after notice to accused-appellant in course of appeal. The accused-appellants were convicted under sections 302, 307 and 333, P. P. C. and sentenced to death and certain terms of imprisonment. In the Supreme Court they were given benefit of doubt and the conviction and sentences of death under section 302, P. P. C. were set aside. In view of the seriousness of the offence, however, the Court, after notice, enhanced the sentence of 7 years' rigorous imprisonment under section 307, P. P. C. to one of transportation for life, observing; "Sentence of 7 years' rigorous imprisonment is wholly insuffi­cient as a penalty for the particular crime of which the appellants have been found guilty. Their whole conduct exhibits an enormity which in our opinion cannot be properly visited with any punishment less than the maximum allowed by law. We, there­fore, propose in the exercise of power .vested in us by Article 163, subsection (3) of " doing complete justice in any cause or matter" to enhance the punishment awarded to the appellants under section 307, P. P. C." JUDGMENT CORNELIUS, J.----The appellants in this case are Mir Khan, Yusaf, Hakim and Mulin. They stand convicted under sections 302, 307 and 333, P. P. C. Briefly, the facts are that these four persons were under-trial prisoners in the Sub-Jail of Tando Adam along with some 32 others, and on the 3rd June 1957, taking advantage of an opportunity, they along with two others named Sumar and Ghulam Kadir picked up six rifles and a quantity of ammunition from the verandah of the Sub-­Jail and escaped. They were fired at and Ghulam Kadir was hit but the other five escaped. They were pursued by several parties of Police. The record does not show what happened to the man Sumar, but as to the present four appellants, it seems that they were traced to a place known as Nazikabad and finally were trapped in a garden belonging to one Sulaiman. A constable Muhammad Alam giving evidence as P. W. 1 described the position as follows :--- " the Police and S. P. R. parties were on three sides while the accused were…

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