Law:

Section:

Penal Code (XLV of 1860)--Ss. 304, Part II & 324---Constitution of Pakistan (1973), Art. 185(3)---No illegality or infirmity had been shown in the High Court's convicting the accused and sentence awarded to him was justified---Leave to appeal was refused in circumstances. Tanvir Ahmed, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 2nd May, 1994 . .. ORDER SALEEM AKHTAR, ;.---The petitioner seeks leave to appeal against the judgment of the learned Judge of the High Court whereby his conviction and sentence under section 302, P.P.C: was altered to that under section 304, Part 11, P.P.C. and the life imprisonment was converted into ten years' R.I. The sentence of fine and compensation was maintained. Sentence under section 324, P.P.C. was altered from two years to one year R.I. and the sentence of fine was also maintained. The benefit of section 382-B, Cr. P.C. was also given to the petitioner. 2. The petitioner alongwith his brother and father had gone to the house of the complainant for reconciliation of matrimonial dispute which had arisen between his brother and the 'latter's wife who was the daughter of the complainant. It seems that the dispute could not be resolved and hot words were exchanged due to which the petitioner and his party men left the house However, the petitioner went out hurriedly in utter rage and after taking a soda water bottle broke it and used it as a weapon to assault the deceased who was son of the complainant aged about 15-16 years. Considering the evidence and the facts on record the learned Judge in Chambers observed as follows:-- "I have heard the learned counsel for the parties and have perused the record. There was no enmity between the parties. Muhammad Rafique (acquitted co-accused) was the husband of Mst. Khalida Parveen, who divorce from him after the present occurrence by filing a suit for dissolution of marriage. The appellant alongwith…

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