HAKIM KHAN Versus STATE

ORDER

SH. IJAZ NISAR, J.---- Hakim Khan was tried for the murder of Ashiq Hussain deceased. The learned Sessions Judge convicted him under section 302, P.P.C. on 3-8-1989 and sentenced him to death plus fine. On appeal, this Bench, by judgment, dated 8-9-1991 maintained his conviction but altered his sentence from death to imprisonment for life.

2. Learned counsel for the petitioner has made an application under section 561-A, Cr.P.C. for the grant of benefit of section 382-B, Cr.P.C. to him on the strength of Ramzan and 3 others v. The State P L D 1992 SC 11. Whereby judgment of the Full Bench of the High Court in the case titled Zulfiqar Ali v. The State P L D 1984 Lah. 461 was reversed. Learned counsel for the petitioner has cited Liaqat Ali v. The State 1991 P Cr. L J 1721 where benefit of section 382-B, Cr.P.C. was allowed to convicts even after pronouncement of judgment. It was observed in the said case that such orders are neither considered alteration of the judgment nor review of the same and in fact are passed to give effect to the legal proposition.

3. In the circumstances, discussed above, the prayer is granted and the appellant is given the benefit of section 382-B, Cr.P.C. The Jail authorities arc directed to make necessary computation in this behalf.

N.H.Q./H-103/L Application accepted.