1997 PLP 1092 (SCMR)

‑‑‑‑Ss. 302/34 & 307/34‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Leave to appeal was granted to the complainant to examine the correctness of the reasons given by High Court for acquitting one accused of the charges and for setting aside the conviction of other accused under 5.302/34, P.P.Q. and 307/34, P.P.C. and instead convicting him under S. 302, Part I, P.P.C. (b) Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S., 304 Part I‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Leave to appeal was granted to accused to examine whether in convicting him under 5.304, Part I, P.P.C., the principles enunciated by the superior Courts for safe administration of justice in criminal cases were kept in view. Ch. Ghulam Ahmed, Advocate for Petitioner (in W.P. No. 124 of 1995). Nemo for Respondents. Date of hearing: 19th November, 1995. MUHAMMAD MUNIR KHAN, J.‑‑Criminal Petition for Leave to Appeal No. 124 of 1995 filed by Mehrban Khan petitioner/complainant against Javaid Khan and Bahadur Khan respondents and Jail Petition for Leave to Appeal No. 117 of 1995 filed by Javaid Khan, directed against the judgment dated 24‑7‑1995 of Lahore High Court, Rawalpindi Bench, Rawalpindi arise from the fact that Javaid Khan, Bahadur Khan ‑and Muhammad Aslam were tried under section 302/34,.. P.P.C, for the double murder ,of Khurshid Begum and Mst. Nasim Akhtar by Additional Sessions Judge, Rawalpindi, who vide his judgment dated 14‑7‑1991 acquitted Muhammad Aslam of the charge and convicted Javaid Khan and Bahadur Khan under section 302/34, P.P.C. and sentenced them to death on two counts with fine of Rs.10,000 or in default one year R.I. each, on' each count. They were also convicted under section 307/34, P.P.C. and sentenced to 4 years' R. Leach and a fine of Rs.2,000 or in default 2 months' R.I. each. On appeal filed by convicts, the Lahore High Court, Rawalpindi Bench, Rawalpindi, vide impugned order acquitted Bahadur Khan and while converting the conviction of Javaid Khan from section 302, P.P.C, to section 304, Part I. P.P.C, has sentenced him to imprisonment for life.

2. We have heard the learned counsel for the complainant.

3. Leave to appeal is granted to the complainant/petitioner in Criminal Petition for Leave to Appeal No. 124 of 1995 to examine the correctness of the reasons given by the High Court for acquitting Bahadur Khan of the charges and for setting aside the conviction of Javaid Khan under sections 302/34, P.P.C and 307/34, P.P.C. and instead convicting him under section 304, Part 1, P.P.C., Leave to appeal is also granted to Javaid Khan in Jail Petition No. 117 of 1995 to examine whether in convicting the accused under section 304 Part 1, P.P.C, the principles enunciated by the superior Courts for safe administration of justice in criminal cases were kept m view. Javaid Khan respondent No. l in Criminal Petition for Leave to Appeal 124 of 1995 is already in jail. Let bailable warrants of arrest in the sum r of Rs.20,000 with two sureties in the like amount to the satisfaction of trial Court be issued against Bahadur Khan respondent No.2. N.H.Q./M‑3196/S Leave granted.