Law:

Section:

Penal Code (XLV of 1860)--Ss. 302, 306 & 308---Constitution of Pakistan (1973), Art.185(3)---Contention was that the deceased was survived by a daughter aged 2 years at the time of her murder who was the "Wali" of the deceased and also the descendant of the accused and, as such, accused was not liable to Qisas by virtue of S. 306, P.P.C., and he could only be punished with imprisonment extending to 14 years as Tazir as provided under S. 308(2), P.P.C.---Leave to appeal was granted by Supreme Court to examine the said contention. ORDER ZIA MAHMOOD MIRZA, J.---Petitioner was convicted by the trial Court under section 302, P.P.C. for causing the death of his wife Mst. Nasir Bibi and was awarded de4tth sentence and a fine of Rs.25,000 or in default thereof to undergo S.I. for six months. On appeal, learned Judges of the High Court maintained his conviction but altered his death sentence to one of imprisonment for life. Petition for leave to appeal brought by him in this Court was dismissed vide judgment dated 7-6-1995. Petitioner now seeks review of the judgment dated 7-6-1995. 2. Review petition is stated to be barred by 451 days. Learned counsel for the petitioner has, however, explained that the petitioner filed review petition within the limitation period but it was returned by the Office with an objection which was not tenable. Nonetheless, the…

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