' ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the judgment of a learned Division Bench of the Lahore High Court, dated 30-6-1987.
2. The learned counsel in this case has pressed the petition for reduction of the sentence of the petitioner. In this respect he has heavily relied upon the following observations of the learned trial Court: "The accused are not alleged to have a motive against the deceased on this score. Whichever of the two versions forming part of the story to be true, the fact remains that till this assembly in front of the shop of the deceased, the accused had no motive against him. On the other hand it can safely be stated that there was admittedly some bad feeling between the accused and P.W.9 Chand and both the parties had to be assembled there for conciliatory efforts. It was through this effort that an altercation and an exchange of abuses took place which necessitated an intervention by the deceased. It was at this stage that he was fatally injured. From the perusal of the record it appears that so far as the deceased is concerned, it was not an offence which was motivated. Rather it was at the spur of the moment that the occurrence as regards him took place." and submitted that the learned Judges in the High Court obviously did not apply their mind to the question of sentence properly rather they dealt with the matter in a most slipshod manner and therefore miscarriage of justice.
3. After considering the arguments of the learned counsel in the light of the evidence, leave is granted to examine whether any circumstance exists to warrant--reduction in the sentence of the petitioner.