Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Penal Code (XLV of 1860)

Section: 302/34

(a) Supreme Court Rules, 1980--   --O.XXIII, R.2--Constitution of Pakistan (1973), Art. 185(3)--Petition for leave to appeal-- Limitation--Condonation of delay--Petition barred by 44 days--Judgment delivered on- 8-7-1979, petitioner applying for copy on 17-7-1979, copy ready for delivery on 20-6-1984, and received by petitioner on 5-8-1984--Receipt given to petitioner by Copying Branch containing numerous endorsements showing that petitioner had been regularly visiting the Branch for obtaining copy as he had not been given any specific date of readiness of copy--Case made out for allowing petitioner credit for period intervening between date on which copy was made ready and date on which he obtained the same--Delay condoned.   (b) Penal Code (XLV of 1860)--   ---S.302/34--Leave to appeal--Convictions and sentences of two accused under S.302/34, P.P.C. recorded by Trial Court set aside by High Court and accused acquitted--Leave to appeal granted to examine contentions (i) that High Court erred in disbelieving the testimony of eye-witnesses, which received confirmation from the fact that both accused were arrested at the spot, and (ii) that the fact that Investigating Officer had found the accused at the scene of occurrence was sufficient to support the assertion of prosecution that they were captured at the spot. ORDER SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the judgment of the Lahore High Court whereby the conviction and sentences of Abdul Aziz and Akbar Ali, respondents, on a charge under section 302, read with section 34, of the Pakistan Penal Code, recorded by Sessions Judge, Sheikhupura, were set aside and they were acquitted. The petitioner is the son of Nazir Ahmad who was alleged to have been killed by the respondents. 2. This petition is barred by 44 days. The petitioner has filed an application for condonation of the delay. The judgment was delivered on 8-7-1979. The petitioner applied for copy of the judgment on 17-7-1979. The copy was made ready for delivery on 20-6-1984. He received it on 5-8-1984. To discover the reason for such a long delay in the preparation of a copy, we called the official incharge…

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