Law:

Section:

Penal Code (XLV of 1860)---S. 308---Criminal Procedure Code (V of 1898), S.369---Constitution of Pakistan (1973), Art. 185(3)---Earlier, of High Court modifying the Trial Court's was not open to review having attained finality in terms of S.369, Cr.P.C.---Even otherwise, the accused having attained majority at the time of the of Trial Court was no longer a minor and the first proviso of S.308, P.P.C. which required another person to make payment of Diyat amount as a substitute for a minor convict was not attracted to the facts of the case--¬Impugned order not suffering from any infirmity case was not fit for grant of leave to appeal---Petition was dismissed accordingly. ORDER FAQIR MUHAMMAD KHOKHAR, J.---This petition is directed against order, dated 14-3-2002 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No. 321-M of 2002 in Criminal Appeal. No. 760 of 1998. 2. The petitioner and his co-accused Babar Ali were convicted under section 308, P.P.C. by the Additional Sessions, Judge, Sheikhupura for the murder of Muhammad Naeem by judgment, dated 23-6-1998 , in case F.I.R. No.56 of 1996, dated 15-3-1996 registered at Police Station, Sangla Hill, District Sheikhupura. They were sentenced to 14 years' R.I. each by way of Ta'zir with the direction to pay Diyat in the sum of Rs. 2,50,000. The benefit of section 382-B, Cr.P.C. was also extended to them. The petitioner filed Criminal Appeal No.760 of 1998 before the Lahore High Court, Lahore which was disposed of by judgment, dated 22-3-2001 whereby the judgment of the trial Court was modified to the extent of amount of Diyat, which was reduced to Rs.1,89,606. The petitioner was released on bail and was required to make payment of amount of Diyat in three equal annual instalments, the first instalment being payable on 20-3-2002. In case of default in the payment of any instalment he was to be taken into custody and remitted to jail to be dealt in the same manner as if sentenced to simple imprisonment until the payment of entire amount of Diyat. The petitioner moved Criminal Miscellaneous No. 321-M of 2002 for reviewing the judgment, dated 22-3-2001. The same was dismissed by the Lahore High Court,…

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