For offence under section 302/34, P.P.C., the trial Court convicted respondent Sher Khan and sentenced him to death and awarded life imprisonment to Azam Khan and Javaid Khan. On appeal, the High Court altered the conviction from section 302 to section 304 (I), P.P.C. And reduced the sentence of Sher Khan from death to R.I. For seven years and acquitted Azam Khan and Javaid Khan. Leave was granted by this Court at the instance of the complainant to re-examine the case of conviction and sentence of respondent Sher Khan only. Whereas, leave was refused against acquittal of the other two.
2. Bailable warrants were issued by the order of this Court against respondent Sher Khan. But reports have come from the trial Court and the District Magistrate, which are to the effect that he is not traceable, for he has proceeded to the tribal area after serving out the sentence. As against that the record shows that at the time of the incident he was employed as Chaukidar by Mohalla people and his residential address is shown at page No,54 of the paper book of the High Court and page No,41 of the paper book in this appeal, which is to the effect that he is resident of Gali Bishandas Wali, Abadi Hakim Rai, Baghbanpure, District Gujranwala.
3. In the circumstances, we order that open non-bail able warrants be c issued, which should be served through the trial Court and after apprehension of respondent Sher Khan, intimation be given by the trial Court to this Court so I c that the appeal can be fixed for immediate hearing.