' Riaz Ahmad Khan, C.J.--This judgment is directed to dispose of Criminal Appeal No, 9/P/2012 Mukamil Shah vs. Sami Ullah and the State, Criminal Appeal No, 51/I/2012 Mst. Ayesha Jehangir us.
The State and Sami Ullah, and Jail Criminal Appeal No, 1/P/2013 Bahadar Shah us. Sami Ullah and the State. All the three appeals arise out of the same judgment dated 17.11.2012 passed by the learned Additional Sessions Judge-VII, Peshawar by virtue of which all the three appellants were convicted under Section 17(4) Haraabah of the Offences Against Property (Enforcement of Hudood)
Ordinance, 1979 in case FIR No, 254 dated 25.02.2010 Police Station Pharipura (Peshawar) and sentenced to life imprisonment along with payment of fine of Rs, 2,00,000/- each male accused which was to be paid to the legal heirs of the deceased under Section 544-A, Cr.P.C. Appellant Mst.
Ayesha Jehangir however was not burdened with payment of fine. In default of payment of fine the two male accused were to further undergo six months S.I. Each.
2. At the very outset it is important to mention that the judgment in this case was passed on 17.11.2012. However on 15.11.2012 Mst. Ayesha, who was on bail in subject cited case, was travelling in a car and at main G.T. Road at Shaidu, Tehsil Nowshera was attacked by three persons who were travelling in another car. Those three persons fired at her, as a result of which she received injury on her right foot and her driver namely Muhammad Riaz received injury on his back. In that respect FIR No, 897 was registered at Police Station Akora Khattak District Nowshera. The learned Additional Sessions Judge-WI, Peshawar while passing the impugned judgment, in Pares 31 & 32 of the judgment made the following observations: "31. Accused Mst. Ayesha is on bail, she is absent today and her exemption application is filed by her counsel on the ground that she has got injured in case FIR No, 897 dated 15.11.2012 under Sections 324/427/34, PPC PS Akora and admitted in DHQ Hospital Nowshera.
32. The conviction warrant is sent to the SHO of PS concerned through Naib Court of this Court, with the direction to arrest the said accused Mst. Ayesha Jehangir who is injured of case FIR No, 897 dated 15-11-2012 under Section 324/427/34, PPC PS Akora Khattak now admitted in DHQ Hospital Nowshera and in case she can be treated in Jail Hospital be shifted to serve the sentence, however, if her treatment is not possible in the jail hospital she be guarded as convicted prisoner/patient and on her recovery she be shifted to the Central Jail, Peshawar for above sentence. Benefit of Section 382 -B, Cr.P.C. Are extended to accused Bahadur Shah, Mukamil. Shah and Mst. Ayesha. A copy of this judgment be delivered to the accused of costs.
3. Learned Counsel for appellant Mst. Ayesha Jehangir submitted that conviction warrant was never served upon Mst. Ayesha Jehangir and that he got power of attorney from her and he himself attested the same on the identification of another person.
4. Learned Counsel for the complainant in respect of appeal filed by Mst. Ayesha Jehangir raised preliminary objection that the appeal was incompetent and convict/appellant Mst. Ayesha Jehangir was required to Surrender before the Court and if she was injured, the Court could suspend her sentence under Section 426, Cr.P.C. But without surrendering before the Court or jail authorities the appellant had become fugitive from law and, thus could not file the appeal.
5. On the other hand learned Counsel for appellant Mst. Ayesha Jehangir submitted that Mst.
Ayesha Jehangir had threats to her life and she was not in a position to appear before the Court.
She had executed a power of attorney in his favour and, therefore, the