Law:

Section:

Penal Code (XLV of 1860)- ----S.302/34---Constitution of Pakistan (1973), Art. 185(3)---Sentence, enhancement of---Non-recording of reason for---When ineffectual---High Court's judgment, no doubt, suffered from legal infirmity on account of non­-recording of the reasons for altering the sentence of accused. from death to imprisonment for life, but in view of the factual position that there was cross-firing between the accused party and the complainant party, imposition of the lesser sentence than that of death on the accused was justified---Grant of leave to the complainant on the ground of the abovementioned legal infirmity, therefore, could not serve any purpose---Leave to appeal was declined accordingly. JUDGMENT AJMAL MIAN, C.J.---This is a petition for leave to appeal against the judgment, dated 28-7-1997 passed by a learned Division Bench of the Lahore High Court in Criminal Appeal No. 1242 of 1988 filed by the convict and Murder Reference for confirmation of the death sentence submitted by the learned Judge, Special Court No.VIII, Sargodha constituted under Act XV of 1987, in respect of conviction recorded under sections 302/34, P.P.C. against Matiullah and Khuda Yar and also in respect of convictions and sentences on various counts referred to in the impugned judgment, allowing the same by recording acquittal in favour of convict Matiullah and reducing the sentence of death to life imprisonment of convict Khuda Yar. The -Petitioner, who is complainant, has filed the present petition for leave to appeal. 2. Mr. M. Farooq Bedaar, learned counsel for the -Petitioner, has candidly submitted that he would not press the above petition against acquittal of -Respondent No. l Matiullah, but would press against the reduction of sentence from death to that of imprisonment for life of -Respondent No.2 Khuda Yar. In support of the…

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