1. ' GHULAM MUJADDID, J.--Noor Hussain and Muhammad Hassan have separately filed petitions for leave to appeal (Criminal Petition for Leave to Appeal No,439 of 1985 and Criminal Petition for Leave to Appeal No,460 of 1985, respectively) against the judgment of the Lahore High Court, Lahore dated 19th October, 1985.
2. ' Noor Hussain was convicted under section 302, P.P.C. And sentenced to death by the trial Court for the murder of Ghulam Abbas. On appeal to the High Court death sentence was commuted to life imprisonment. Muhammad Hassan requests for enhancement of the sentence of Noor Hussain whereas Noor Hussain wants that the judgment of the High Court be set aside and he be acquitted.
3. ' We first deal with petition of Muhammad Hassan (Criminal Petition No,460 of 1985). Learned counsel for the petitioner submits that the High Court erred in law in commuting death sentence to life imprisonment. It was further submitted that the case-law referred to in the impugned judgment is not applicable because in those cases it was either the father or the brother of the accused who was murdered and it was to take revenge of that that the accused resorted to killing. There is good deal of force in the submissions of the learned counsel. Leave is granted to examine as to whether it would be just and proper to extend the concession in the quantum of sentence for the murder of a distant relation like Phuphi's husband as in the instant case.
4. ' We also grant leave to appeal in the connected petition (Criminal Petition No,439 of 1985).