Law:

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Penal Code (XLV of 1860)--Ss.304, Part I & 307--Sentence--Delay--Accused had already suffered sentence that was awarded to them--Matter came up before Supreme Court after 22 years of occurrence--In spite of defects pointed out and noted by Supreme Court, discretion exercised by High Court in dismissing petition for enhancement of sentence, was not interfered with in circumstances.--[Delay--Sentence]. Ch. Azimuddin, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 14th November, 1988. , JUDGMENT SHAFIUR RAHMAN, J.--The petitioners closely related to the deceased Muhammad Siddiq, seek leave to appeal against the judgment of the Lahore High Court, Lahore dated 3-6-1985 whereby their Criminal Revision Petition seeking enhancement in the sentence was dismissed. 2.In an occurrence which took lace as far back as 1-1964, Muhammad Siddiq died of injuries received by spear. Nawab Muhammad Ali and Meraj of the complainant party also received injuries. The respondents were tried and the respondent No.2 was sentenced by the trial Court under section 304, Part I to seven years R.I. and under section 324, P.P.C. to one year R.I. The respondent No.3 was sentenced under section 307, P.P.C. for 3 years R.I. and respondent No.4 was sentenced under section 325 to one year R.I. The learned Judge in High Court dismissed the petition for enhancement observing as follows:- "In view of the long delay in the disposal of this petition and the fact that Nek Muhammad, one of the accused, has died, and rest of the accused have already served out their sentences and been released, I would not like to disturb the position, for even assuming that I were to hold that intrinsically the judgment of the learned trial Judge is incorrect, I would not like to order a retrial after so many years. Taking all circumstances into consideration, I would dismiss this petition." 3. Ch. Azimuddin, Advocate the learned counsel for the petitioners has drawn our attention to glaring legal errors on the basis…

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