Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan . (1973), Art. 185(3)---Sentence, enhancement of---High Court had found the normal penalty of death awarded to the accused by Trial Court unjustified as the material evidence to support the motive set up by the prosecution had not been produced and altered the same to imprisonment for life---No question of law connected with the legal sentence awarded to accused by High Court had been agitated---Leave to appeal was refused in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302---Sentence, interference in---Supreme Court is generally reluctant to interfere in the legal sentence passed by the Trial Court, Appellate Court or Revisional Court unless some principle of law connected with the sentence is involved. ORDER FAZAL ILAHI KHAN, J.---The petitioner was convicted by Additional Sessions Judge, Gujranwala, under section 302, P.P.C. and sentenced to death and a fine of Rs.10,000 by order dated 14-12-1992. In appeal the High Court maintained his conviction but altered his sentence of death to life imprisonment and also allowed him the benefit of section 382-B, Cr.P.C. Leave to appeal is prayed for against the judgment of the High Court by the complainant in this petition. 2. Abdul Aziz (P.W.5) in his statement made to Muhammad Khan S.I. (P.W.8) Police Station Saddar, Gujranwala, then on patrol duty, on 16-11-1989 at about 8-00 p.m. near Talwani Musa Khan disclosed that he alongwith his deceased son Muhammad Nazar and his brother Muhammad Rafiq and one Muhammad Sultan, son of Khushi Muhammad were present in their Baithak when Mehmood alias Mooda accused/respondent on entering the Baithak fired at Muhammad Nazar with his carbine. He was hit on his left shoulder and ribs and expired at the spot. They identified the assailant in the light of electric bulb which was on at the relevant time. They were threatened with dire consequences, when they wanted to apprehend him, and made good his escape. It was further stated that some 14/15 days prior to the occurrence accused had cut indecent jokes with his grand-daughter; namely, Mst. Rehana, whereupon the deceased had reprimanded and beaten him. The…

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