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(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 27th February 1970, in Criminal Appeal No. 153 of 1968).

Constitution of Pakistan (1962),

Art. 58(2)(b) read with Provisional Constitution Order, 1969, Art. 6(1)(a)‑Appeal to Supreme Court‑High Court accepting State appeal against acquittal of accused petitioner on a charge under S. 302/34, P. P. C. and find ing him guilty under such sections, sentencing him to transportation for life‑Accused‑petitioner, held, could come to Supreme Court as of right.

Rashid Ahmad v. The State P L D 1969 S C 362 ref.

Khan Abdul Qayyum Khan, Senior Advocate Supreme Court instructed by Mohd. Nazar Khan, Advocate‑on‑Record for Petitioner.

Nemo for the State.

Date of hearing : 15th April 1971.

HAMOODUR RAHMAN, C. J.‑

The petitioner in this case was placed on trial along with one, Abdul Ghaffar alias Badshahgai, on a charge under section 302/34, P. P. C. for the murder of one, Zaidur Rehman, on the 18th of December 1967, at 2‑00 p. m. near the flour mill of Niaz Mohd. Khan within the limits of village Amarkot.

Since Abdul Ghaffar was absconding the petitioner was tried alone and the Additional Sessions Judge, Peshawar, convicted him only under section 307, P. P. C. giving him a sentence of only five years' rigorous imprisonment.

Against this order both the petitioner as well as the State preferred appeals. A criminal revision was also filed by a private complainant for the enhancement of the sentence of the petitioner.

The High Court dismissed the appeal of the petitioner but allowed the State appeal against the petitioner's acquittal of the charge of murder, found him guilty under section 302/34, P. P. C. and sentenced him to transportation for life.

Since the sentence of the petitioner was enhanced and the acquittal set aside the revision petition fell through.

Learned counsel appearing for the petitioner contends that in the circumstances of this case the petitioner had a right to come to this Court as of right, both under Article 58(2)(b) of the 1962‑Constitution as also under Article 6(1)(a) of the Provisional Constitution Order of 1969. The contention of the learned Advocate is correct and is fully supported by the decision of this Court in the case of Rashid Ahmad v. The State (P L D 1969 S C 362).

Let this petition be, accordingly, treated as a memorandum of appeal and let the case be registered as a direct appeal.

Petition treated as direct appeal.

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