Law:

Section:

(i) Constitution of Pakistan, 1973-- ----Art. 199--Pakistan Penal Code, (XLV of 1860) S. 302--Criminal Procedure Code, (V of 1898) S. 544-A--Conviction and sentence--Appeal against--Conviction was converted from S. 302(b) PPC to S. 316 PPC with further direction to pay Diyat--Appellant/Petitioner be released from custody after completion of term of his sentence and respondents therein (Chairman Provincial and Chairman Central Baitul Mal) be directed to pay diyat to legal heirs of deceased keeping in view his financial position--Held: No writ lies against High Court--Amount of diyat was awarded by High Court, therefore, writ petition was not competent against High Court--Appeal dismissed. [Pp. 413 & 414] A & B PLD 1966 SC 1, rel. (ii) Law Reforms Ordinance, 1972 (XII of 1972)-- ----S. 3(2)--Constitution of Pakistan, 1973--Art. 199--Constitutional petition--Dismissal of--Assailed--Maintainability--ICA is not maintainable as in Constitutional petition, order of High Court had been challenged, which was an appellate order passed in appeal against conviction and sentence of appellant in a criminal trial--As such ICA is barred under proviso to S. 3(2) of Law Reforms Ordinance, 1972. [P. 414] C Judgment Through this Intra-Court Appeal, the appellant has called in question the order, dated 10.10.1997, whereby appellant's Writ Petition No. 22817 of 1997 had been dismissed by a learned Single Judge in Chambers. 2. Precisely the facts giving rise to this appeal were that the appellant was tried by the learned Sessions Judge, Gujranwala for the murder of Muhammad Yousaf and was awarded punishment of imprisonment for life as Ta'zir under Section 302(b) P.P.C. with further direction to pay a sum of Rs. 30,000/- to the legal heirs of the deceased by way of compensation as envisaged under Section 544-A Cr.P.C. or in default of payment thereof to further undergo simple imprisonment for five months vide judgment dated 26.4.1993; benefit of Section 382-B Cr.P.C. had also been extended to him; his appeal bearing Criminal Appeal No.394 of 1993 had been disposed of by a learned Single Bench of this Court vide judgment dated 6.5.1996 with the modification in the sentence,…

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