' ALI HUSSAIN QAZILBASH, J.--Gulistan Khan and his brother Qamar Zaman petitioners and their uncle Sher Zaman were charged under section 302/34, P.P.0 for the murder of Sardar Khan. After the trial, the three accused were convicted under section 304 Part II and section 323 read with section 34, P.P.C. By the Additional Sessions Judge, Rawalpindi, who vide his order dated 10-1-1980 sentenced them to ten years' R.I. Each for the murder of Sardar Khan. They were also sentenced to one year's R.I. Each for causing injuries to Muhammad Yousaf (P.W.7), Mst. Irshad Begum (P.W.8) and Mst. Anwar Jan (P.W.9). On appeal by the petitioners and Sher Zaman, the High Court vide its order dated 7-3-1989 maintained the conviction of the petitioners and Sher Zaman, it also did not interfere with the sentence of imprisonment awarded to the petitioners but reduced the sentence of Sher Zaman under section 304, Part II, P.P.C. One from 10 years to 5 years' R.I. A fine of Rs,10,000 or in default one year's R.I., was also imposed upon him.
2. In this petition for leave to appeal the petitioners have impugned the above order. We have heard the learned counsel for the petitioners in support of this petition. He has not been able to make out any'case for our interference as to the conviction of the petitioners for the offences charged with. The same is, therefore, maintained.
3. As for the sentence, it has been strenuously urged that the main accused in the case was Sher Zaman and the petitioners being the nephews of the said Sher Zaman had acted under his influence, hence extenuating circumstance does exist, warranting the reduction in the sentence of the petitioneRs,
4. After hearing the learned counsel we grant leave to the petitioners to consider whether in the circumstances they are entitled to the reduction in the sentence of imprisonment.