Law:

Section:

Penal Code (XLV of 1860)-----S.302/34---Constitution of Pakistan (1973), Art.185(3)---Discretion exercised by High Court was neither whimsical nor arbitrary---Case was not of wanton murder and therefore, was not fit for enhancement of sentence from life imprisonment to death---Leave to appeal was refused accordingly. ORDER S. USMAN ALI SHAH, J.--Muhammad Yousaf respondent No.l alongwith Muhammad Aslam and Humayun Shahzad both acquitted accused were tried by the Sessions Judge, Gujranwala, for the murder of Imtiaz Ahmad on 12-10-1981 at about 4 p.m. near Hussami Chowk, Mori Gate, Qila Didar Singh, Gujranwala, the F.I.R. of which was lodged by the petitioner and was convicted under section 302/34, P.P.C. and sentenced to death, vide his order dated 29-8-1983. The learned trial Judge, however, acquitted Muhammad Aslam and Humayun Shahzad from the charges of the said murder. Fine of Rs.5,000 was also imposed upon the respondent No.l. Appeal of the respondent No.1 before the Lahore High Court was dismissed but the learned Judge of the High Court converted his death sentence to…

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