1. ' ABDUL QADEER CHAUDHRY, J.---Leave to appeal is sought against the judgment dated 18-1-1989 of the Lahore High Court, Rawalpindi Bench, Rawalpindi.
2. The facts, in brief, are that it is alleged that on 1-1-1983 the petitioners alongwith the co-accused armed with Sotis, Chhura and .Revolver, attacked Javed Iqbal and Pervaiz Iqbal and caused them injuries with their respective weapons. Javed Iqbal died on 5-1-1983. The learned Sessions Judge convicted the petitioners under Section 302/34 P.P.C. And imposed the sentence of death and fine of Rs,5,000 or in default to suffer R.I. For one year. He also convicted them under Section 323/34 P.P.C. And each of them was sentenced to one year's R.I. The High Court maintained the conviction under Sections 302 and 323 P.P.C. But the sentence of death was altered to that of life imprisonment. The fine in case of Muhammad Iqbal was enhanced to Rs,15,000 and in case of other petitioners, it was reduced to Rs,3,000 each.
2. According to the medical evidence the deceased Javed Iqbal had received one stab wound on the chest and incised scratch on the back of left hand which were caused by sharp-edged weapon.
3. The rest were caused by blunt object. The injured Pervaiz Iqbal received two lacerated wounds and four abrasions, all simple in nature.
4. ' The point for consideration is inter alia whether the element of common intention arises in this case so as to attract the provision of Section 34 P.P.C.
5. ' Leave is granted.