Law:

Section:

(a) Penal Code (XLV of 1860) Ss. 302, 306 & 308Constitution of Pakistan (1973), Art. 185(3)­Leave to appeal was granted by Supreme Court to accused to examine the question as to whether the accused being not liable to Qisas in view of the provisions contained in S.306 read with S.308, P.P.C., could have been punished under S.302, P.P.C. or otherwise. (b) Penal Code (XLV of 1860) Ss. 302, 306 & 308Appraisal of evidenceDeceased was survived by a two years' old daughter who was admittedly the Wali of the deceased and descendant of the accusedAccused, therefore, was not liable to Qisas in view of the provision as enumerated in S.306, P.P.C. and he could only be convicted under S. 308(2), P.P.C. which did not provide the sentence of death or imprisonment for lifeConviction of accused under S.302, P.P.C. was consequently set aside and instead he was convicted under S.308(2), P.P.C. to undergo 14 years' R.I. and to pay DiyatAppeal was accordingly dismissed with the said modification. KhaliluzZaman v. Supreme Appellate Court, Lahore PLD 1994 SC 885 ref. JUDGMENT JAVED IQBAL, J. Criminal Review Petition bearing No. l l L of 1995 preferred on behalf of the appellant was accepted vide this Court's "-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 death 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 761995. -Petitioner now seeks review of the judgment dated 761995. 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 Officer with an objection which was not entertainable. Nonetheless, the -Petitioner moved an application explaining away so called delay in filing the review petition. Office took a lot of time in deciding the said application. In the…

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