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Petition for Leave to Appeal Nos. 45‑K and 51‑K of 1985, decided on 4th March, 1988.

(On appeal from the judgment and order of the Sind High Court, Karachi, dated 25‑8‑1985 in C.C. No. 1/85 and Criminal Appeal No. 133 of 1984).

‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S.302‑‑Question whether impugned judgment of High Court whereby accused's sentence was reduced to imprisonment for life was based on correct principles of criminal justice, deserving consideration‑‑Leave to appeal allowed.

Abdul Hafeez Memon, Advocate Supreme Court for Petitioner (in Appeal No. 45‑K of 1985) .

Hayat Junejo, Senior Advocate Supreme Court and Muzaffar Hassan, Advocate‑on‑Record for Petitioner (in Appeal No. 51‑K of 1985).

A. Aziz Dastgir, Advocate‑on‑Record for the Intervenor.

Date of hearing: 4th March, 1986.

In both these petitions leave is sought from the same judgment of a Division Bench of Sind High Court, dated 25‑8‑1985 by which the appeal of Asad Mujtaba petitioner in Civil Petition for Leave No. 51‑K of 1985 and respondent No. 2 in Criminal Petition for Leave No. 45 of 1985 against his conviction under section 302, P.P.C. was partly allowed in that while maintaining the conviction under section 302, P.P.C. the sentence awarded to him was reduced to one imprisonment for life.

After having gone through the record of the case in the light of arguments addressed by the learned counsel for the parties we feel that the question whether the impugned judgment of the High Court is based on correct principles of criminal justice deserves consideration. We, therefore, grant leave in these both cases and allow the petitions.

Appeals arising out of these petitions will be heard together.

M.Y.H. Leave granted.

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