Law:

Section:

Penal Code (XLV of 1860)-------S. 302/149---Two accused persons one of them being lady caused fatal injuries to deceased and one simple hurt each on the face of prosecution witness with hatchets---Lady accused was awarded lesser sentence by the trial Court by taking lenient view of her being a female---Sentence of male accused could not be reduced on the ground of lenient view having been taken for the female accused by the High Court---Supreme Court, however, following the law laid down in Muhammad Bashir v. The State PLD 1982 SC 139 enhanced the sentence of male accused by enhancing the sentence of fine with direction that the amount shall be paid as compensation to the heirs of deceased. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.--This appeal through leave of the Court has arisen out of a murder case. The brief facts and points for grant of leave to appeal are as under:- `Umar Hayat, Falak Sher, Mst. Bakhan, Adil and Muhammad Iqbal, the present respondents, were sent up for trial under section 148, P.P.C. for rioting, under section 302/149, P.P.C. for the double murder of Nanik and Sarfraz deceased and under section 307/149, P.P.C. for attempt on the lives of Haq Nawaz, Allah Yar, Mst. Saban, Mst. Zubaida and Allah Bakhsh PWs. `The learned trial Judge, by his judgment dated 17-2-1988, convicted all the five respondents under section 148, P.P.C. and sentenced them to R.I. for one year each. He also convicted all the respondents under section 302/149, P.P.C. on two counts for the murder of Nanik and Sarfraz deceased. Whilst he sentenced Umar Hayat and Falak Sher respondents to death with a fine of Rs.5,000 or in default thereof to six months's R.I. on each count, he sentenced the remaining three respondents to imprisonment for life with a fine of Rs.5,000 or in default thereof to six months' R.I. on each count. He also convicted all the three respondents under section 307/149, P.P.C. for attempt on the lives of Allah Yar, Mst. Saban and Mst. Zubaida and sentenced them to five years' R.I. each with a fine of Rs.1,000 or in default thereof to undergo further R.I. for three months on each of the three counts. He also convicted all the five respondents under section…

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