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Criminal Petition No. 340 of 1980, decided on 31st March, 1981.
(On appeal from the judgment and order dated 2nd April, 1979 of the Lahore High Court in Cr. A. 323 of 1977).
---Art. 185(3) read with Penal Code (XLV of 1860), Ss. 302 & 304(1)/ 34‑Murder‑Petition for Leave to Appeal time‑barred by 351 days Leave to appeal, however, granted in view of fact that leave to appeal against acquittal of co‑accused in same case already granted to appraise entire evidence‑Criminal Procedure Code (V of 1898), S. 417.
Ch. M. A. Wahid, Advocate Supreme Court for Petitioners.
Nemo for Respondents.
Date of hearing: 31st March, 1981.
‑This petition is barred by 351 days.' WC have Bone through the application for condonation of delay and hoard the counsel. In view of the order we propose to pass regarding the grant of Leave in this case, we condone the delay in filing the petition.
The facts leading to the present petition are briefly that the two petitioners, were tried alongwith 15 others inter alia, for the murder of Habib, Abdullah and Babawal Haq. The learned trial Judge convicted the petitioner alongwith seven co‑accused. The remaining eight accused, however, were acquitted. The petitioner and six of his co‑accused were sentenced to death. Only Gbulam Rasul was sentenced to imprisonment for life.
The petitioners alongwith their seven convicted accused filed an appeal before the High Court. The seven co‑accused were acquitted altogether, but the appeal of the two petitioners was accepted only to the extent that they were acquitted of the charge under section 302 and their conviction altered to one under section 304 1, P. P. C. and they were sentenced to imprisonment for life on three counts. They have now filed the present petition for leave to appeal against their conviction and sentence.
Gulam Ali, complainant, had earlier filed a petition against the acquittal of the petitioner and their seven co‑accused by the High Court of the charge of murder and leave was granted to him by this Court on the 10th of February, 1980.
Considering that the entire evidence will have to be appraised in connection with the appeal filed against petitioner's acquittal, leave is also granted to the petitioners.
S. Q. Leave granted.
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