ABDUL QADEER CHAUDHRY, J.---This appeal by leave of the Court is directed against the judgment of the Peshawar High Court dated 11-5-1956 to examine whether the punishment altered to imprisonment for life by the High Court was legal and proper in the circumstances of the case.
12 The respondent Muhammad Anwar was tried by the Sessions Judge under section 302/34, P.P.C.
His co-accused Fazal son of Bacha Gul had absconded after incident. The Sessions Judge held him guilty under section 302/34, P.P.C. And sentenced him to death and fine of Rs.5,000 or in default to suffer one year R.1. More. It was further directed that out of the amount of fine, if realised, Rs.3,000 be given to the legal heirs of deceased Nek Muhammad under section 544-A, Cr.P.C.
3. The High Court maintained the conviction but altered the sentence of the respondent to imprisonment for life. However, the sentence of fine was kept intact.
4. The learned counsel for the appellant submitted that the High Court has erred in law in altering the normal sentence. In this case, the date of incident is 15-7-1978. The learned Sessions Judge has recorded the judgment on 6-6-1985. The High Court has passed the impugned judgment on 11-5- 1986. The Presidential Order of Amnesty was made in December, 1988. This Court in Kausar Ali v.
Muhammad Sabir (1990 SCMR 1132) has observed that "even those who were sentenced to death have as a result of general amnesty benefited and they are now required to undergo life imprisonment. In this background, for such an occurrence which had taken place in 1982, it would look incongruous to consider the reimposition of death sentence on those not so dealt with".
5. The respondent would have availed the benefit of the Presidential Order even if the capital sentence had been confirmed by the High Court in case that sentence had not been executed before the Presidential Order of Amnesty.
6. In view of the above facts and the decision made by this Court, we do not find any force in this appeal for the enhancement of sentence. The appeal is dismissed as such.