Law:

Section:

(a) Penal Code (XLV of 1860)---Ss. 302(b), 440 & 147---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal of four accused and conversion of death sentence into life imprisonment of another accused by High Court---Reasons directing acquittal of the four accused were neither perverse nor arbitrary to warrant any interference by Supreme Court---Basis for reduction of death sentence of the other' accused to imprisonment for life was that he had acted under the influence of his elders, which fact was even alleged in the F.I.R.---Age given by the said accused at the time of his examination under S.342, Cr.P.C. was never questioned, meaning thereby that he was about fifteen years old on the date of occurrence---Appeal was dismissed in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 440 & 147---Accused had already been released after serving out his life imprisonment---Appeal of accused did not raise any live issue and needed no decision on merits---Appeal was disposed of accordingly. Muhammad Sharif v. Muhammad Javed alias Jeda Tedi and 5 others PLD 1976 SC 452 and Abdul Malik and others v. the State and others PLD 2006 SC 365 ref. JUDGMENT SYED JAMSHED ALI, J.--- This judgment will dispose of Criminal Appeal No.324 of 1995 by the complainant and Criminal Appeal No.325 of 1995 by Ateeq-ur-Rehman, convict which arise out of the following circumstances. 2. Ateeq-ur-Rehman (ii) Samual Masih (iii) Manzur Hussain (iv) Amir Hamza (v) Muhammad Ayaz (vi) Muhammad Arif (vii) Muhammad Shafiq and (viii) Muhammad Aslam, were tried for offences under sections 302/147/149/440 of the P.P.C. Ateeq-ur-Rehman was sentenced to death while accused No.(ii) to (v) aforesaid were sentenced to life imprisonment. All of them were fined as well as directed to pay compensation of Rs.10,000 each to the legal heirs of the deceased. They were also convicted and sentenced under sections 147 and 440 of P.P.C. Accused Nos.(vi) to (viii) were, however, acquitted. This was vide judgment, dated 14-10-1990 of the Additional Sessions Judge, Gujranwala. The F.I.R. in this case was lodged by Abdul Malik, P.W.14, on 15-4-1998, and in the incident Javed Iqbal, a…

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