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MEHRAM versus STATE


Article 4 ((())) has already been appealed to the Supreme Court appeals which were already imposed before the appellants so it was not excluded.

1976 S C M R 196

Present : Muhammad Yaqub Ali. C. .J., Anwarul Haq and Muhammad Haleem, JJ

MEHRAM AND OTHERS ‑‑Appellants

versus

THE STATE---Respondent

Criminal Appeal No. 30 of 1973, decided on 28th November 1975.

( On appeal from the judgment of the Lahore High Court, Lahore, dated 28-7-1971, in Criminal Appeal No. 230 of 1971).

Constitution of Pakistan (1973)

---Art. 185(3)‑Appeal to Supreme‑ Court Appellants already undergone sentences imposed Appeal not present hence dismissed.

Q.M. Saleem Advocate instructed by Rana Maqbool Ahmad Qadri, Advocate-on‑Record for Appellants.

Riaz Ahmad, Assistant Advocate‑General, Punjab for the State.

Date of hearing : 28th November 1973

JUDGMENT

MUHAMMAD YAQUB ALI, C. J.

‑‑Mehhram, Manzoor, Ghulam Destgir Mena, Muhammad Ali, Ghulam Qadir were sentenced by the Sessions Judge., Sahiwal oar 20‑3‑1971, under sections 302/149 and 147, P: P. C. and sentenced each to transportation for life on the: first count arid to two years rigorous imprisonment each on the second count. On appeal a Divisional Bench of the High Court acquitted them of the charge of murder but found them guilty under section 201/149, P: P. C. and by order dated 28‑7‑1971 sentenced them to different terms of Imprisonment ranging from 4 years to 7 years rigorous imprisonment.

Leave to appeal was granted on 29th October 1971, to consider " legality of the High Court order convicting the appellants tinder section 201 P.P.C. without giving them an opportunity to explain the circumstances on which the finding of the High Court was based.

Mr. Maqbool Ahmad Qadri. Advocate‑on‑Record state that he hat instructions not to press this appeal as the appellants have already under. gone the sentences imposed on them under section 201, P. I'. C.

The appeal is accordingly dismissed maintaining the convictions and; sentences suffered by the appellants under section 201, P. P. C.

Appeal dismissed.

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