Law:

Section:

Penal Code (XLV of 1860)-------S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---High Court had adopted a safer course in converting the death sentence of the accused into imprisonment for life-Deceased had admittedly used derogatory language against the mother of the accused which was humiliating and provocative---Only one fire shot was attributed to accused and he in the circumstances did not deserve the extreme penalty of death---Two accused persons in the case had already been acquitted by the Trial Court---Injuries on the person of the deceased appeared to have been caused by one person only and the cu-accused had rightly been acquitted by High Court on benefit of doubt---Impugned did not suffer from any legal infirmity---Case, even otherwise, was not fit for grant of leave to appeal---Leave to appeal was refused to the complainant by the Supreme Court accordingly. Sardar Muhammad Latif Khan Khosa, Advocate Supreme Court for Petitioner. M.A. Zafar, Advocate Supreme Court and Muhammad Aslam Ch. Advocate-on-Record for Respondents. Date of hearing: 14th June, 2004. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.--- This petition for leave to appeal is directed against judgment, dated 1-6-1999, passed by the Lahore High Court, Lahore , in Criminal Revision No.401 of 1994, Criminal Appeal No.23 of 1994 and Murder Reference No.28 of 1994. (2). On the statement (Exh.P.E.) of the petitioner P.W.6, a formal F.I.R. (Exh.P.E./1), dated 20-4-1992, under sections 302/34, P.P.C. was registered against the respondents for the murder of his brother Hamayun. The Additional Sessions Judge, Gujranwala, by judgment, dated 20-12-1993 convicted and sentenced the respondent No.1 Matti Ullah to death and respondent No.2 Zaki Ullah to imprisonment for life under section 302(b), P.P.C. However, the respondents Nos.3 and 4 namely Abdul Aziz alias Bhola and Shujjah were acquitted. Therefore, the respondents Nos. 1 and 2 filed Criminal Appeal No.23 of 1994 against their, conviction and sentence. On the other hand, the petitioner/ complainant also filed Criminal Revision No.401 of 1994 for enhancement of sentence of Zaki Ullah and against the acquittal of co-accused Abdul Aziz alias Bhola…

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