Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302/34---Constitution of Pakistan (1973), Art. 1'85(3)---Petition being barred by 120 days and the grounds mentioned in the application for condonation of delay not justifying such condonation, was liable to be dismissed on this score alone---Role played by accused at the time of occurrence clearly fell within the mischief of culpable homicide amounting to murder punishable under S. 302, P.P.C. and lessor sentence of imprisonment for life had already been awarded to him thereunder---Leave to appeal was refused in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Acquittal and conviction of different accused on the same evidence---Grains have to be sifted from the chaff and the Courts while extending the benefit of doubt to some of the accused as a measure of abundant caution can convict the other accused whose involvement in the occurrence is established beyond any shadow of doubt. Dr. Khalid Ranjha, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 4th May, 1994. JUDGMENT WALI MUHAMMAD KHAN, J.---Rehmat Ali alias Rehma petitioner herein, calls in question the judgment dated 19-9-1992 passed by a learned Single Judge of the Lahore High Court, whereby Criminal Appeal No.728/86 tiled by him against his conviction and sentence under section 302/34, P.P.C. for committing the murder of Muhammad Waris deceased on 23-5-1983 at 9-10 a.m. in the area of Sheroke, Police Station Farooqabad. District Sheikupura, was dismissed. 2. We have heard Dr. Khalid Ranjha, Advocate, for the petitioner, and have perused the record of the case. 3. The petition is barred by 120 days. An application for condonation of delay has been filed but the grounds mentioned therein do not justify condonation of delay. Hence the petition is liable to dismissal on this score alone. On the merits of…

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