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Criminal Petitions for Special Leave to Appeal Nos. 272, 281 and 282 of 1983, decided on 26th May, 1986.
(Against the order of the Lahore High Court, Multan Bench, Multan, dated 8-6-1983, passed in Criminal Appeal No. 62 of 1982, Criminal Revision No. 220 of 1982 and Criminal Appeal No. 51 of 1982).
---Art. 185(3)--Penal Code (XLV of 1860), S.302--Leave to appeal--Grant of--Against acquittal/reduction in sentence--Considering all facts of case and reasons recorded by High Court for alteration of conviction and reduction of sentence in light of contentions raised, Supreme Court declined to interfere and dismissed petitions.
This order will dispose of:
(i) Criminal Petition No. 272 of 1983 filed by Noor Muhammad complainant the acquittal of Muhammad Iqbal of the charge under section 302, P.P.C. and alteration of his conviction to one under section 304-I, P.P.C. reducing his sentence to 10 years' R.I.;
(ii) Criminal Petition No. 281 of 1983 filed by Muhammad Yaqoob against the acquittal of the 6 respondents in that petition; and
(iii) Criminal Petition No. 282 of 1983 filed by Muhammad lqbal against his conviction.
2. We first take up Criminal Petition No. 272 of 1983 filed by Noor Muhammad whereby the learned High Court dismissed his criminal revision and inter alia altered conviction of Muhammad Iqbal respondent from 302, P.P.C. to 304-I, P.P.C. reducing his sentence to 10 years' R.I.
3. We have heard the learned counsel for the parties and gone through the impugned judgment.
Considering all the facts of the case and the reasons recorded by the learned High Court for alteration of respondents' conviction and reduction of his sentence in the light of the contentions raised by the petitioners' counsel, we find ourselves in respectful agreement with the view taken by it. We, therefore, do not consider it a fit case for interference by this Court. The petition (Criminal Petition No. 272 of 1983), is consequently dismissed.
4. Kh. Sultan Ahmad who is counsel for the petitioners in the remaining two petitions (Criminal Petition No. 281 of 1983 and Criminal Petition No. 282 of 1983) does not press the said petitions. The same are, therefore, dismissed as not pressed.
M.I. Petitions dismissed
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