Law:

Section:

Miscarriage of Justice-- -—Offence under Sections 279, 337 and 304-A of P.P.C.-Conviction for-On appeal, sentence altered to already undergone-Suo moto notice under revisional jurisdiction—Recourse to theory of  already undergone on facts and circumstances of case, has outrageously undermined punitive and deterrent aspect of criminal administration of justice as a patent demonstration of judicial perversity  ulminating into miscarriage of justice, tending to promote licensing of highway assassinations by public carriers which is alarmingly on increase with utter disregard for human life-Respondents  entence  nhanced to 3 years R.I.                                                                                 [P.102JA JUDGMENT Perusal of the judgment of learned Additional Sessions Judge, Attock of 7.9.1991 delivered in Criminal Appeal No.28/91, under supervisory constitutional jurisdiction revealed that the respondent, having been convicted and sentenced by the trial Magistrate on 27.2.1991 in the case registered vide FIR No.187 of 30.9.1987 under Sections 279/337/304-A PPC at police station Hassan Abdal to imprisonment of one year R.I. with a fine of Rs. 3,000/- for causing death of Niaz Muhammad through rash and negligent driving of bus NoAJK-A/7785, on appeal without contesting the conviction confined his submission to the reduction of sentence which was allowed and the sentence of imprisonment was reduced to already undergone viz., 13 days, ex-fade resulting into miscarriage of…

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