AFTAB HUSSAIN Versus STATE

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ Leave to appeal has been sought from judgment, dated 6‑12‑1983 of the Lahore High Court; whereby while maintaining the petitioner's conviction under section 302, P.P.C. the sentence of death awarded to him was reduced to life imprisonment.

2. This petition is time‑barred. The explanation for delay offered in the application for condonation thereof is neither cogent nor sufficient. Although, learned counsel addressed arguments on merits yet we would in the circumstances of this case prefer dismissing the petition as time‑barred.

3. Learned counsel brought to our notice the fact that in this case an unfortunate occurrence took place between two sectarian groups: one, Shiah and the other Sunni and the finding of the learned Courts below is that there was a free fight between the two sides. One person on the complainant side lost his life while several persons were injured on both‑ sides. Subsequently one more person was killed on the other side. This process in vendetta might have continued further but for a compromise affect between the parties. It is in writing and is placed on record wherein the complainant side had forgiven the accused side. He, therefore, requested that appropriate orders may be passed on the basis of the compromise so as to save the parties from further bloodshed.

4. We are unable to give any benefit to the accused in so far as the merits of the case are concerned and the petition stands already dismissed.

5. However, we deem it a fit and proper case to observe that on mercy application to be made by the petitioners the Government might pass such orders on the basis of the compromise as may be appropriate for stopping further bloodshed between the two sectarian groups.

6. M. I. Petition dismissed.