' IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This appeal by leave of the Court is directed against judgment, dated 27-12-2002 passed by Lahore High Court.
2. In pursuance of order, dated 16-4-2004, Superintendent Jail, Rawalpindi has submitted details of the sentences and the remission earned by respondent Ghulam Murtaza under section 302, P.P.C. a perusal whereof indicates that he has already undergone sentence of 25 years' R.I. And six months'
R.I. In lieu of compensation of Rs,20,000 after having earned remissions. Thus, it is held that respondent had served out sentences under section 302, P.P.C.
3. Learned counsel for the respondent contended that as the convict has already undergone legal sentence, therefore, in view of the judgment Bahadur Ali v. The State 2002 SCM R 93 and 2002 SCM R 93 appeal filed by the complainant has become infructuous.
4. On the other hand, learned counsel appearing for appellant opposed the argument so advanced by the learned counsel for the respondent and stated that in a number of cases, matters have been referred to larger Bench to consider whether after having served sentence of life imprisonment Court can enhance the sentence of a convict to penalty of death under section 302 under circumstances of each case.
5. Learned counsel for the State has also adopted the arguments advanced by the learned counsel for the appellant.
6. After hearing parties' counsel and having gone through reported judgment referred to above, we are of the opinion that all the cases pending on the file of this Court are to be decided according to law already laid down by this Court and matters cannot be kept pending till the decision of the larger Bench. Thus, as per law laid down in the above cited case, respondent Ghulam Murtaza has already undergone sentence under section 302, P.P.C. As such appeal for enhancement of his sentence has become infructuous. Therefore, jail authorities are directed to release him from custody in the offence under section 302, P.P.C. However, he will remain in custody till the expiry of sentence under section 324, P.P.C. As per the decision of High Court, dated 27-12-2002.
7. For the foregoing reasons appeal is disposed of as having become in fructuous.