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Criminal Petition for Special Leave to Appeal No. 327 of 1980, decided on 31st May, 1986.
(Against the judgment of the Lahore High Court, Lahore, dated 23‑4‑1980, passed in Criminal Appeal No. 267 of 1978 (Murder Reference No. 94 of 1978).
‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 302‑‑Criminal Procedure Code (V of 1898), S.382‑B‑‑Sentence‑‑Reduction‑‑Petitioner convicted and sentenced to death under S.302, P.P.C.‑‑Sentence reduced to life imprisonment on appeal‑‑Petitioner prayed for grant of benefit under section 382‑B , Cr. P . C . while seeking leave to appeal against conviction‑‑Supreme Court found case to be a fit case for grant of said concession, converted petition into appeal and prayer was granted‑ Jail authorities directed to take into account period spent by petitioner as under‑trial prisoner while calculating his term of imprisonment.
Sardar Ataullah, Advocate Supreme Court for Petitioner.
Sh. Ijaz Ali, Advocate‑on‑Record for the State.
Date of hearing: 31st May, 1986.
Siraj petitioner was tried and convicted under section 302, P.P.C. and sentenced to death and a fine of Rs.5,000 (two years' R.I. in default of payment of fine). He filed an appeal before the High Court against his conviction and sentence, which was partly accepted, vide the impugned judgment, dated 23‑4‑1980, inasmuch as his conviction under section 302, P.P.C. was maintained but it reduced his sentence of death to that imprisonment for life. 'His sentence of fine was also maintained.
2. He has filed a petition for leave to appeal against his conviction and sentence. But before us his learned counsel only prayed that he be granted the benefit of section 382‑B, Cr.P.C. Notice was issued to the State, and after hearing ‑the learned counsel for the parties we feel this is a fit case for grant of the aforementioned concession to the petitioner.
We, therefore, convert this petition into appeal and partly allow the same. The Jail authorities are directed to take into account the period spent by the petitioner as an under‑trial prisoner while calculating/ his term of the imprisonment.
M. I. Order accordingly.
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