1. The respondent having been convicted and sentenced by learned Magistrate First Class, Chakwal on 6-5-1990 to simple imprisonment of one year with a fine of Rs.1,000 in default to serve another term of nine months under section 304-A, P.P.C. In the case registered vide F.I.R. No.200 of 17-8-1988 under section 279/304-A, P.P.C. At Police Station Sadar Chakwal, for causing death of Muhammad Daurez through rash and negligent driving wagon No.RIR/808, on appeal was acquitted by learned Additional Sessions Judge, Chakwal vide the impugned order, dated 3-3-1991 solely on the ground that legal heirs of the deceased have received compensation and asked for his acquittal, perusal whereof in supervisory Constitutional jurisdiction inter alia divulged that non-adherence to the provisions enshrined in section 311, P.P.C. As amended culminated into miscarriage of justice; consequently, suo motu notice was issued pressing into service revisional powers for showing cause why the sentence should not be enhanced and with a view to securing his attendance bailable warrants in-the sum of Rs.50,000 returnable to District Magistrate, Chakwal were sued on 30-11-1991 which did not mature into reality; resultantly, his presence was secured through non- bailable warrants who upon query revealed that no compensation whatsoever was paid and he was just forgiven, which belies contents of the impugned order demonstrating that the appellate Court purely acted mechanically without application of judicial mind to the facts of the case and did not even care to ascertain genuineness of the compromise or otherwise what to talk of examining impact A of section 311, P.P.C. As amended, either shirking the responsibility or finding it convenient to sign a piece of paper presented to him by the Reader resulting into miscarriage of justice, thus is hereby set aside and maintaining the conviction recorded by the learned trial Court, sentence being utterly disproportionate and incommensurate with the guilt, is hereby enhanced to 3 years' R.I. So as to meet the ends of justice. He is present Curt, should be taken into custody for serving out the remaining sentence.
2. N.H.Q./S-136/L Sentence enhanced.