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Penal Code (XLV of 1860)-----S302--Constitution of Pakistan (1973), Art. 185(3)--Sentence, quantum of-­Accused persons acted under the influence of their uncle--High Court in circumstances did not consider extreme penalty of death as appropriate-Supreme Court agreed with the view taken by High Court with regard to quantum of sentence--Petition for leave to appeal dismissed. ORDER S. USMAN ALI SHAH, J.-- Respondents Altaf Hussain and Muhammad Sadiq alongwith Rahma acquitted accused, were tried by the Additional Sessions Judge, Faisalabad and were convicted under section 302/34, P.P.C. for the murder of Maqbool Ahmad alias Maloo and sentenced both of them to death and fine of Rs.5,000 each or in default to suffer further R.I. for one year each; their co-accused Rahma, was however, acquitted by extending him the benefit of doubt vide his judgment dated 9-9-1985. In appeal before the Lahore High court, the learned Judges of the Division Bench maintained the conviction of the respondents but altered their sentences from death to imprisonment for life. Their sentence of fine and direction as to compensation were upheld and the benefit of section 382-B, Cr. P.C. was also not given to them, vide impugned judgment. This petition for leave to appeal by Mst. Nooran complainant is for the enhancement of sentence of the accused respondents before this Court. The learned counsel for the petitioner…

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