ASLAM RIAZ HUSSAIN, J.--This order will dispose of (i) Criminal Petition for Special Leave to Appeal No. 184 of 1983 filed by Riaz Ahmad complainant and (ii) Criminal Petition for Special Leave to Appeal No. 207 of 1983 filed by Muhammad Farooq against his conviction and sentence.
2. Muhammad Farooq (petitioner in Crl.P. No. 207 of 1983 was tried along with Muhammad Ashiq, inter alia, for the murder of Javaid Akhtar. The trial Court acquitted Muhammad Ashiq co-accused but convicted Muhammad Farooq under section 302, P.P.C. And sentenced him to death and a fine of Rs.10,000. On appeal the High Court altered his conviction to one under section 302-II, P.P.C. And reduced his sentence from death to 5 years' R.I. The sentence of fine was, however, maintained.
Feeling aggrieved he has filed a petition for leave to appeal (Crl.P. No.207 of 1983), against his conviction and sentence. Riaz Ahmad, complainant, has on the other hand, filed a Petition No. 184 of 1983, for leave to appeal, against the acquittal of Muhammad Farooq of the charge under section 302, P.P.C. And for enhancement of his sentence.
3. The learned counsel for Muhammad Farooq, accused-petitioner (in CrI.P. No. 207 of 1983) did not press the petition. The same is, therefore, dismissed as not pressed.
4. The learned counsel for Riaz Ahmad, complainant-petitioner, (in Cr.P. No. 184 of 1983), took us through the relevant portions of the judgment and submitted that the plea of defence raised by the accused-petitioner, in (Cr.P. No. 207 of 1983), was not properly appreciated and that the High Court had wrongly held that 'there is a reasonable possibility that the defence put forward by the appellant might be true.
5. We have given our anxious consideration to the relevant portions of the evidence and the reasons given by the High Court for the aforementioned finding and find ourselves in respectful agreement with it. We, therefore, find no force in this petition (Cr.P. No. 184 of 1983), which is also dismissed.
This disposes of both the petitions.