' RANA BHAGWANDAS, J.--- Petitioner-complainant is aggrieved by the judgment of the High Court of Sindh, dated 26-4-2005 upholding the conviction of respondent-Yousuf but altering the death sentence to life imprisonment and payment of Rs,50,000 as compensation to the legal heirs of deceased-Saleem. By the same judgment, High Court has set aside the conviction and sentence of co-accused Islamuddin under section 337-F(1), P.P.C. The third co-accused namely Saleem alias Tidda was acquitted of the charge by the trial Court on appraisal of evidence. Criminal acquittal appeal against the said judgment has been dismissed through the same judgment. Petitioner's grievance is, however, confined to the mitigation of sentence in respect of respondent-Yousuf.
2. It is, inter alia, contended that Division Bench of the High Court suffered from misconception of law and misconstruction of evidence while expressing the opinion that there was no pre- meditation for the commission of Qatl-i-Amd on the part of the respondent or that the incident took place at the spur of the moment. The submission advanced by the learned Advocate-on- Record is also supported by learned B Additional Advocate-General, Sindh.
3. Leave to appeal is granted to consider whether the High Court was legally justified in mitigating the capital sentence passed against respondent Yousuf and the High Court correctly appreciated the evidence in line with the principles laid down by this Court for safe dispensation of justice in criminal cases.