Law: Penal Code (XLV of 1860)

Section: 304

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--   --Ss.304 Parts I and II--Constitution of Pakistan (1973) Art.185(3)-­Leave to appeal-- Alteration of conviction and reduction in sentence.-­Convictions under 5.304 Part-I P.P.C. based on ocular testimony of three eye-witnesses and recovery of blood-stained weapons altered to one under 5.304 Part II P.P.C. and sentences reduced because of medical officer stating in cross-examination that injuries were not sufficient to cause death in the ordinary course of nature--Plea raised that merely one sentence uttered by Medical Officer in the cross­ examination should have not been made basis for altering conviction and sentence awarded to accused by Trial Court--Leave to appeal granted to consider whether in the case High Court had arrived at a proper conclusion in accordance with the well established principles of safe administration of criminal justice- -Bailable warrants to issue against respondents if already released. ORDER JAVID IQBAL, J.--This petition for leave to appeal has been filed by Mst.Manzooran against the judgment dated 8 June, 1983 passed by a learned Single Judge of the Lahore High Court, Lahore in Criminal Appeal No.308 of 1981 whereby the conviction and sentence awarded to Muhammad Ali and Hayat respondents were altered. The background is that the aforesaid respondents and four others were tried under sections 302/34 P.P.C. read with section 109 P.P.C. and vide judgment of the trial Court dated 11 April, 1981 the aforesaid two respondents only were convicted under section 304 Part I , P. P. C . and each of them was sentenced to imprisonment for life plus fine. On appeal the Lahore High Court, Lahore vide the impugned judgment altered their conviction from one under section 304 Part I P.P. C. to that under section 304 Part II P.P. C. and reduced their sentence from life imprisonment to seven years R.I. each with the benefit of section 382-B Cr.P. C. The sentence of fine imposed by the trial Court was maintained. The deceased in this case is Mst.Fatima, mother of the present petitioner. The occurrence took place on 9 May, 1980 at 10 a.m. in Chak Fathuwala Dakhli, Police Station Chowk Khurd, District Jhang. The F.I.R.…

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