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Criminal Petition for Leave to Appeal No. 114‑R of 1985, decided on 8th April, 1986.
(From the judgment of the Lahore High Court, Rawalpindi Bench, dated 16‑3‑1985 in Criminal Revision No. 48/1982, Criminal Appeal No. 85 of 1982 and Murder Reference No. 61 of 1982).
‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 302‑Petitioner challenging acquittal of accused under 5.302, Penal Code‑‑Petition barred by 207 days and grounds mentioned in application for condonation of delay not impressive‑‑Very strong grounds required for condonation of delay in case against acquittal but same not existing‑‑Petition dismissed as time‑barred.‑‑[Appeal against acquittal].
Ch. Ghulam Dastgir, Advocate‑on‑Record for Petitioner.
Date of hearing: 8th April, 1986.
‑Leave to appeal has been sought from judgment, dated 16‑3‑1985 of the Lahore High Court; whereby in a murder case the conviction under' section 302 of James Masih and Ghulam Masih respondents was converted into 304 Part‑I, P. P. C. and the sentence was accordingly reduced. Similarly, the conviction and sentence of Wilson and Pervez respondents were altered from 302 P.P.C. to 307 P.P.C.
This petition has been filed to challenge the acquittal under section 302, P. P. C. with a further prayer for enhancement of sentence.
The petition is barred by 207 days. We have perused the grounds mentioned in the application for condonation of delay which have not impressed us‑. This being a case against acquittal, there must be very strong grounds for condonation of delay which do not exist. We accordingly dismiss the petition as time‑barred.
M . Y . H . Petition dismissed.
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