Law:

Section:

Penal Code (XLV of 1860)-------S. 304, Part I---Constitution of Pakistan (1973), Art. 185(3)---No legal or any other defect in appraisement of prosecution evidence by High Court was pointed out---Finding in juxtaposition with defence that incident had taken place suddenly and was a chance encounter was unexceptionable---Deceased was a desperado and was admittedly involved in criminal cases---Order of High Court altering conviction of accused from S.302, P.P.C. to 5.304, Part 1, P.P.C. suffered from no legal infirmity---Petition for leave to appeal was thus dismissed. ORDER ABDUL SHAKURUL SALAM, J.---Muhammad Akhtar alongwith two others, was tried under section 302/34, P.P.C. for the murder of Abdul Sattar alias Kala by the learned Additional Sessions Judge, Multan, who vide his order dated 5-2-1984 found the petitioner guilty under section 302 PPC and sentenced him to death subject to confirmation by the High Court and also to pay a fine of Rs.10,000 half of which was to be paid to the heirs of the deceased as compensation under section 544-A, Cr.P.C. and in default of payment of the fine to suffer rigorous imprisonment for a period of three years. The other two co-­accused were acquitted giving them the benefit of doubt. The convict Muhammad Akhtar filed Criminal Appeal No. 28 of 1984 against his sentence and Reference for confirmation of the sentence of death bore Murder Reference No. 54 of 1984. Both the matters were taken up by the learned Division Bench of the Lahore High Court, Multan Bench, Multan, and found that the incident had taken place suddenly as a result of quarrel and convict­ appellant had no intention to commit murder. His conviction under section 302, P.P.C. was set aside and he was found guilty under section 304, Part I, P.P.C. and sentenced to 10 years' rigorous imprisonment plus a fine of Rs.3,000, in default thereof to suffer rigorous imprisonment for one year. The complainant-petitioner, father of the deceased, has applied for leave to appeal against the said judgment of the High Court and for restoration of the order of the learned trial Court. The learned counsel for the petitioner has contended that the learned Courts below erred in…

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