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Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S.302/34--Murder--Sentence --Accused convicted and sentenced to life imprisonment by trial Court-­Revision petition of complainant-Petitioner praying for enhancement of sentence dismissed by High Court--No interference with impugned order found to be called for--Leave to appeal refused. Muhammad Nawaz Abbasi, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Sardar M. Ishaq, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for Respondents. Nemo for the State. Date of hearing: 5th February, 1984. ORDER MIAN BURHANUDDIN KHAN, J.-- This petition is directed against the order, dated 3-10-1983 passed by a Single Judge of the learned Lahore High Court, Rawalpindi Bench whereby Criminal Revision No. 117 of 1983 praying for enhancement of sentence of respondents Muhammad Khan and Ali Shan from life imprisonment to death, was dismissed. 2. Learned counsel's contentions are that the facts of the case do call for normal penalty of death as there was no mitigating or extenuating circumstances for the dismissal of the revision petition seeking enhancement of sentence of respondents Nos. 1 and 2 by the learned High Court Judge in limine by way of a short order which has prejudged the petitioner's case; that the case of the prosecution on merits in Criminal Appeals Nos. 91 and 92/1983 and No. 101/1983 filed by the respondents against their conviction and sentence are still pending decision and as such the revision petition should have been heard alongwith the aforesaid appeals; that the occurrence is the result of a pre-planned murder and, therefore, normal penalty of death should have been awarded by the learned trial Court. 3. According to the prosecution case it was on…

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