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Criminal Appeal No.1045 of 1980, heard on 15th April, 1985.
---S.302--Appeal--Appellant fugitive from justice--Appellant, held, would have no right of hearing of appeal--Warrant for arrest of accused ordered to be issued and it was directed that on his arrest he be sent to jail to serve out sentence of imprisonment awarded to him.
Nemo for Appellant.
Mian Muhammad Akhtar for the State.
Date of hearing: 15th April, 1985.
This criminal appeal arises from the judgment of the learned Additional Sessions Judge, Lahore whereby he on 30-6-1980 while acquitting Muhammad Sharif and four others convicted Muhammad Arshad appellant and Liaquat Ali co-accused (not appellant) a/s 302/34, P.P.C. for causing the death of Akbar Rashid and sentenced them to imprisonment for life and a fine of Rs.4,000 in default thereof two years' R.I. It was directed that the fine when recovered be paid to the legal heirs of the deceased.
2. During the pendency of the present appeal. Muhammad Arshad appellant escaped from the jail and had not surrendered himself so far. His learned counsel has also not turned up.
3. Since the appellant is a fugitive from justice, I am of the view that he has lost his right of hearing of this appeal. Disposed of accordingly. The learned Sessions Judge, Lahore, shall issue warrants for his arrest. On his arrest, he shall be sent to jail to serve out the sentence of imprisonment awarded to him.
M. Y. H./M-342/L Appeal dismissed.
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