1. ' GHULAM MUJADDID, J.--Saghir Ahmad Afandi son of Wazeer Ahmad, resident of House No,349, inside Lohari Gate, Multan, was convicted under section 302, P.P.C. And sentenced to death for the murder of his wife which took place on 14-12-1982 at 2-30 p.m.
2. ' On appeal to the Lahore High Court, his conviction was upheld but the sentence commuted to imprisonment for life. The reason which prevailed with the High Court was as follows:-- "However, on quantum of sentence we are of the view that he is entitled to some leniency. The deceased being his wife had left him alongwith his minor child and was not willing to rejoin him despite his sustained efforts. Keeping this circumstance in view, we are persuaded to award lesser penalty provided for the offence of murder and order accordingly."
3. ' Mansoor Azam Farrukh, brother of the deceased, has filed this petition for leave to appeal against the aforesaid judgment of the Lahore High Court.
4. Learned counsel appearing on behalf of the petitioner submitted that there was no justification to commute the death sentence. He contended that there was no mitigating circumstance. The reason given by the High Court was not legally sustainable. Hence the sentence awarded by the High Court was neither legal nor proper.
5. ' There is good deal of force in the contention of the learned counsel. We accordingly grant leave to examine the aforesaid aspect of the case.
6. ' This petition is barred by 41 days. Learned counsel has been told that the leave has been granted subject to the objection of limitation.