' IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition for leave to appeal has been directed against judgment dated 7-5-2002 of the Lahore High Court.
2. Precisely stating the facts of the case are that vide F.I.R. (Exh.P.D.) lodged by Pervaiz Akhtar (P.W.7) petitioner Muhammad Faisal Sadiq along with co-accused Umar Shahzad were booked for an offence under section 302/109, P.P.C. For committing murder of Muhammad Naseem deceased, on 10-2-2000 within the jurisdiction of Police Station Urban Area, Sargodha. On having registered the case, the petitioner along with the co-accused was put to trial. The learned Additional District and Sessions Judge, Sargodha, vide judgment dated 21-11-2000 found the petitioner guilty of the charge, as such, he was directed to undergo life imprisonment as Tazir under section 302, P.P.C.
With further direction to pay compensation of Rs,1, 00,000 to the legal heirs of the deceased under section 544-A, Cr.P.C. Or in default to undergo further imprisonment for six months. So far as the co-accused Umar Shahzad is concerned, he was acquitted of the charge and the High Court vide impugned judgment maintained the conviction and sentence awarded to the petitioner by the trial Court, as such, the instant petition for leave to appeal.
3. Learned counsel for the petitioner argued that he has been instructed not to press this petition on merits but would only request for benefit of section 382-B, Cr.P.C. As the same had not been extended to him by the trial Court and the High Court.
4 . After going through the impugned judgment passed by the learned High Court, we are of the opinion that, under the circumstances of the case, the petitioner was entitled to the benefit of the period during which he remained as under-trial prisoner.
5. Request so made is reasonable. Consequently, we converted this petition into appeal, the same is partly allowed and the petitioner is granted benefit of section 382-B, Cr.P.C. In the above terms.