Law:

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Penal Code (XLV of 1860)-----S. 302--Constitution of Pakistan (1973), Art. 185(3)--Sentence-­Leave to appeal granted to complainant to consider contention that in circumstances of the case wherein murder was committed on a very trivial matter and the eye-witnesses had seen entire occurrence, it could not be said that something had transpired before the occurrence which had not come to notice of witnesses and that the grounds recorded by High Court reducing the sentence of accused from death to life imprisonment were thus not tenable--Leave also granted in jail petition of accused to press his case for acquittal. ORDER ASLAM RIAZ HUSSAIN, J.-- This order will dispose of (i) Crl. PSLA No.121/84 filed by Muhammad Hussain for enhancement of the sentence of Mansha accused from imprisonment for life to death and (ii) Jail Petition No.40-R/84 filed by Mansha petitioner against his conviction and sentence, as both the petitions are directed against the same judgment of the High Court dated 11-3-1983 whereby the appeal of the accused was dismissed in a case under section 302 PPC but his sentence was reduced from death to 'imprisonment for life and the fine was enhanced to Rs.10,000/-. 2. Learned counsel for the petitioner in Crl. P.S.L.A. 121/84 has adverted our attention to paragraph No.1l of the impugned judgment wherein the High Court after holding that the guilt has been fully brought home to Mansha accused maintained his conviction. He then adverted our attention to paragraph No. 12 wherein reasons for reducing the convict's sentence from death to imprisonment for life have been recorded which read as follows:- "We however, feel that in view of the circumstances of this case as alleged by the prosecution itself the appellant merits to be awarded the lesser sentence. According to the prosecution the…

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