1. ' S. USMAN ALI SHAH, J.--Muhammad Yousaf respondent No,1 alongwith Muhammad Aslam and Humayun Shahzad both acquitted accused were tried by the Sessions Judge, Gujranwala, for the murder of Imtiaz Ahmad on 12-10-1981 at about 4 p.m. Near Hussaini Chowk, Mori Gate, QuaDidar Singh, Gujranwala, the F.I.R. Of which was lodged by the petitioner and was convicted under section 302/34, P.P.C. And sentenced to death, vide his order dated 29-8-1983. The learned trial Judge, however, acquitted Muhammad Aslam and Humayun Shahzad from the charges of the said murder. Fine of Rs,5,000 was also imposed upon the respondent No,1. Appeal of the respondent No,1 before the Lahore High Court was dismissed but the learned Judge of the High Court converted his death sentence to that of life imprisonment and his fine was enhanced from Rs,5,000 to Rs,30,000 which on realization to be paid to the heirs of the deceased. However, a revision petition filed by the complainant against the acquitted accused was dismissed vide impugned judgment. Hence this petition for leave to appeal.
2. ' We have heard the learned counsel for the parties and have gone through the relevant record and findings of the Courts below. We have come to the conclusion that this petition has no merit and needs dismissal. The discretion exercised by the learned High Court is neither whimsical nor arbitrary. In our view, it is not a fit case for the enhancement of sentence from life imprisonment to death because it is not a case of wanton murder.
3. ' Under the circumstances, we are satisfied that it is not a fit case in which leave to appeal can be granted. The petition is dismissed.