1. ' GHULAM MUJADDID, J.--Respondent Naukar Hussain and his brother Mohammad Hussain were tried by the Sessions Judge, Gujranwala, for the murder of Mohammad Anwar. The trial Judge, by judgment dated 11-11-1986, convicted Naukar Hussain under section 304, Part II, P.P.C. And sentenced him to five years R.I. And fine of Rs,2,000 or in default six months R.I. He was further ordered to pay Rs,10,000 as compensation to the legal heirs of the deceased and in default of its payment R.I. For six months. Benefit of section 382, Cr.P.C. Was also given to him.
2. ' Muhammad Hussain was acquitted.
3. ' Naukar Hussain filed appeal against the judgment of the trial Court whereas the complainant (Muzaffar Hussain) filed revision for enhancement of sentence of Naukar Hussain and against the acquittal of Muhammad Hussain. The High Court by means of the impugned Judgment dismissed both the matters. Muzaffar Hussain seeks leave to appeal against the aforesaid judgment.
4. ' Learned counsel appearing in support of this petition contended that the conviction recorded by the trial Court and confirmed by the High Court was not in accordance with law. It was not a case where Naukar Hussain respondent should have been convicted under section 304, Part II, P.P.C.
5. According to the learned counsel, he deserved capital sentence under section 302, P.P.C.
6. We have considered this submission in the light of the observations made by the High Court, we do not find any force in it. The High Court after considering all the relevant facts held that the occurrence took place at the spur of the moment without any premeditation; nor did the respondent take any undue advantage of the situation. Hence his conviction was in accordance with law. The judgment of the High Court suffers from no legal infirmity. This petition is accordingly dismissed.