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1987 SCMR 697 Present: Muhammad Afzal Zullah, Mian Burhanuddin Khan and Saad Saood Jan, JJ FAQIR MASIH--Petitioner Vs MUBARIK MASIH and others--Respondents Criminal Petition for Special Leave to Appeal No.209 of 1982 and Jail Petition No.86-R of 1982, decided on 9th February, 1987. (From the of the Lahore High Court, Lahore, dated 19-4-1982, in Criminal Appeal No.208 of 1980). (a) Constitution of Pakistan (1973)-- --Art. 185(3)--Penal Code (XLV of 1860), Ss. 302 & 307--Sentence-­Death sentence awarded to petitioner by Trial Court altered to life imprisonment by High Court--Jail petition found to be barred by time, moreover, no justification for interference found in so far as the conviction and sentence of petitioner were concerned--Petition for leave to appeal dismissed. (b) Constitution of Pakistan (1973)- --Art. 185(3)--Penal Code (XLV of 1860), Ss. 302 & 307--Sentence-­Petition for leave to appeal against reduction of sentence--High Court reducing sentence of death to that of life imprisonment on grounds of age of convict being 15 years and failure of motive alleged by prosecution--Contention that Trial Court had estimated age of convict to be more than 15 years and that evidence on motive had not been correctly appraised--No positive assessment by Trial Court to show that it had made any estimate of age of accused and it was not, therefore, possible to set aside of High Court on that account-­Appreciation of evidence by High Court regarding motive not suffering from any infirmity and thus, there was no justification to appraise evidence in that behalf--Motive, as found by High Court, was shrouded in mystery--No case, held, had been made out for enhancement of sentence--Leave to appeal refused. Malik A.R. Arshad, Advocate Supreme Court and S. Wajid Hussain, Advocate-on-Record (absent) for Petitioner (in Criminal Petition No.209 of 1982). Nemo for Respondents (in Criminal Petition No. 209 of 1982). Date of hearing: 9th February, 1987. ORDER MUHAMMAD AFZAL ZULLAH, J.--In these two petitions, leave to appeal has been sought from dated 19-4-1982 of the Lahore High Court; whereby a criminal appeal arising out of a murder case, was partly allowed. The…

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