SHAH ZAL vs State Ss — 2021 YLR 202 PESHAWAR-HIGH-COURT

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SHAH ZAL VS State Ss. 302, 307 & 34---Frontier Crimes Regulation (III of 1901), Regln. 11 [since repealed]---Constitution of Pakistan, Art.264---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Criminal reference to Council of Elders---Effect or repeal of laws---Accused was charged that he and co-accused committed triple murder---Court of Political Agent convicted the accused to fourteen years rigorous imprisonment under S.302, P.P.C., read with S.11 of the Frontier Crimes Regulation, 1901 (since repealed)---Accused was also convicted under S.307, P.P.C., and awarded sentence of ten years---Sentences were ordered to run consecutively---On behalf of accused, it was alleged that since Frontier Crimes Regulations, 1901 had been repealed by way of 25th Constitutional Amendment, therefore the consecutive running of the sentences should be reviewed---Scope---No doubt the punishment awarded to the accused had attained finality before the promulgation of 25th Constitutional Amendment on 31.05.2018 and same shall be deemed to be protected under Art. 264 of the Constitution, despite repealed of the Frontier Crimes Regulation, 1901---Present appeal was also not maintainable as the sentence in the case had earlier been finalized till the Supreme Court and was therefore a past and closed transaction, which could not have been reopened by way of the present appeal---Right of filing second appeal before the High Court was neither available in the erstwhile regime nor in the dispensation put in place in the merged area after its merger with the province of Khyber Pakhtunkhwa---Second appeal in the case was also not maintainable---Present appeal was found to be meritless as well as non-maintainable therefore same was dismissed accordingly.

SHAH ZAL vs State Ss — 2021 YLR 202 PESHAWAR-HIGH-COURT

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