' This is a reference under section 438, Cr. P. C. Made by the District Magistrate, Sheikhupura against the judgment dated 7-6-1975 passed by Agha Javed Hussain, Magistrate 1st Class, Ferozewala in the case of Rab Nawaz respondent who pleaded guilty to the charge under section 224, P. P. C. And was sentenced to till the rising of the Court.
2. Briefly the facts of the case are that Rab Nawaz respondent was convicted under section 302, P.
P. C. On mercy petition, his death sentence was commuted to imprisonment for life on 6-1-1972.
Later, he was engaged with other convicts for some construction work at the Sharakpur Bund, but he absconded from there. The matter was reported to the police, investigated and after his arrest Rab Nawaz was prosecuted in due course. At the trial, after examining two witnesses, namely, P. W. 1 Maqbool Ahmed Head Constable and P. W. 2 Khalid Muhainood, Deputy Superintendent Jail, Gujrat, a charge under section 224, P. P. C. Was framed against the respondent to which he pleaded guilty and was thus convicted.
3. The reference is based on two points i,e, the sentence was inadequate and that the impugned judgment was written without keeping in view the provisions of section 367, Cr. P. C. I have considered the matter. The judgment under reference is a perfect model of what a judgment should not be. It reads:- "Since the accused has pleaded guilty and prays for mercy, he is sentenced to till the rising of the Court."
' This is just a brief note and not a judgment as contemplated by section 367,1 Cr. P. C. No doubt the accused had pleaded guilty, but this did not absolve the Magistrate of the responsibility of writing a proper judgment.
4. As to the sentence, it was contended by the respondent that because of this case he has been deprived of the remissions allowed by the jail authorities, therefore, the sentence awarded was appropriate. I do not agree with him. While serving the sentence for his conviction on a murder charge the respondent escaped from lawful custody. Instead of reforming himself, he committed another offence, a sentence of till the rising of the Court for a fugitive from justice is inadequate. I, therefore, enhance the sentence of Rah Nawaz to four months' R. L for his conviction; under section 224, P. P. C. This sentence, will run after the expiry of hiss earlier sentence on the murder charge. The reference is answered accordingly. The convict be informed through jail authorities.