ABDUL SHAKURUL SALAM, J.---This order will deal with Criminal Appeal No. 197 of 1987 and Criminal Appeal No. 91 of 1988, the first by the State against acquittal of Sakhwat and Siddique respondents and the second by Liaqat against his conviction.
2. Sakhwat, Siddique and Liaqat were tried under section 302/307/34, P.P.C. By Punjab Special Court for Speedy Trials No.VI, Bahawalpur. Sakhawat and Siddique were acquitted whereas Liaqat was convicted under section 302, P.P.C. And sentenced to death and fine of Rs.50,000 in default of payment of fine to further undergo imprisonment for a period of one year. Half of the fine if recovered was to be paid to the heirs of Habib Ullah deceased as compensation. He was further convicted under section 307, P.P.C. For making attempt to murder Noor Muhammad P.W. And sentenced to undergo ten years' R.I. And fine of Rs.25,000 in case of default in the payment of fine, to undergo further of imprisonment for a period of six months. He was also convicted under section 307, P P.C. For making attempt to murder Khuda Bakhsh P.W. By firing at him and sentenced to undergo ten years' R.I. And fine of Rs. 25,000 in default to undergo further imprisonment for a period of six months. Half of the fine imposed under section 307, P.P.C. If recovered was to be paid to Noor Muhammad and Khuda Bakhsh as compensation. Sentences under section 307, P.P.C. Were ordered to run concurrently. This is vide judgment dated 24-11-1987. The State as well as the convict filed appeals in the Lahore High Court at Bahawalpur Bench. These were returned with the objection that the appeals lay before the Supreme Court.
2-A. Learned counsel for the appellants have submitted that the appeals were returned under some misunderstanding and were therefore, filed in this Court. However, according to the statutory provisions, section 12 of Special Courts for Speedy Trials Act, 1987, the appeals lay before the High Court. Therefore, they say that the appeals may be returned to be presented before the High Court.
The appeals are returned to be presented before the proper Court.