Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)--Ss.302 & 304, Part I--Constitution of Pakistan (1973), Art.185(3)--Case of two versions--High Court after carefully perusing the record and assessing the evidence came to conclusion that the two rival versions should have been placed in juxtaposition by the Trial Court to arrive at a proper conclusion regarding the truth and falsity of one or the other, and thus converted the conviction of accused from under S.302 to S.304, Part 1, Penal Code--Accused's sentence of death was altered to ten years' imprisonment plus fine--Record did not justify interference in the of High Court--Petition dismissed. (b) Penal Code (XLV of 1860)-- ---Ss.302 & 304, Part I--Constitution of Pakistan (1973), Art.185(3)--Petition for leave to appeal against acquittal of co-accused barred by sixteen days--In the absence of any sufficient cause for condoning the delay, petition was dismissed as barred by time. Ch. Hamiduddin, Seaior Advocate Supreme Court, instructed by S. Inayat Hussain, Advocate-on-Record for Petitioner (in both Petitions). Nemo for Respondents (in both Petitions). Date of hearing: 8th March, 1989. ORDER JAVID IQBAL, J.--Both these criminal petitions namely Criminal Petition for Leave to Appeal No.240 of 1985 and Criminal Petition for Leave to Appeal No.241 of 1985 are connected and therefore these are being taken up together. Both these petitions are directed against the same judgment of the Lahore High Court, Lahore, dated 7th April, 1985 whereby conviction of Muhammad alias Mamma respondent was altered from under section 302, P.P.C. to section 304, Part I, P.P.C. and his sentence of death was altered to ten years' R.I. plus fine. His conviction under section 323, P.P.C. and sentence thereunder were set aside and revision petition filed by the present petitioner against the acquittal of three co-accused was dismissed. Thus Criminal Petition No.240 of 1985 seeks enhancement in the case of Muhammad alias Mamma respondent of his sentence even if section 304, Part I, P.P.C. was to be kept in tact, whereas Criminal Petition No.241 of 1985 seeks setting aside the acquittal of the three co­accused of Muhammad alias Mamma namely Mali,…

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