1. Through this appeal with the leave of the Court dated 6.3.2015, the appellants have questioned the legality and propriety of the judgment of the Peshawar High Court dated 19.12.2013 whereby Criminal Revision Petition No.42-M of 2013, filed by the appellants was dismissed and the prayer for accepting the compromise, affected between the parties was declined in the manner, as was done by the Trial Court.
We have heard the learned ASC for the appellants and Mr. Aslam Ghuman, learned ASC appearing on behalf of A.G. KPK and have gone through the record.
2. It is an admitted position that the trial Court, upon conviction, awarded death sentence on one count to the appellants albeit it was stated in the judgment that the conviction so awarded u/s 302(b) PPC shall be read with s.7 (a) ATA.
3. Both the appellants were charged for causing the death of Mst. Naheed through strangulation as she was an obstacle in the way of one of the appellants, namely Irfan, who had developed love affairs with Mst. Ghazala, however, further allegations were made that 15 tolas gold ornaments and cash amount of Rs.65,000/- was also taken away by the appellants. Case F.I.R No.1266 was registered on 30.12.2004 u/s 302, 404/34 PPC read with s.7(a) ATA by Police Station, Mingora, District Swat. After conviction, the appellants filed appeal before the Peshawar High Court, however, while partly allowing the appeal, their sentence was reduced to life imprisonment but only u/s 302 PPC and nothing was said in the judgment or in the Reference sent by the Trial Court that the death sentence u/s 7 (a) ATA was confirmed. Probably, the Division Bench of the High Court was mindful that they were convicted u/s 302 PPC on a single count and no sentence of death was awarded u/s 7 ATA.
4. Similarly, this Court while dismissing their leave petition, did not take notice of this omission, made by the Trial Court and then by the High Court because in the judgment of this Court too, the sentence of life imprisonment u/s 302(b)/34 PPC and the imprisonment of three years R.I. with fine of Rs.50,000/- each u/s 404
PPC alone was maintained with further modification.
5. Although it was an omission on the part of the Trial Court, not awarding separate sentence u/s 7 (a) ATA but that legal error was not corrected or to say rectified by the High Court nor by this Court in its judgment dated 24.03.2009 therefore, for all legal intents and purposes it shall be construed without exception that both the appellants were convicted only u/s 302(b)/34 PPC read s.404 PPC.
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