' SAJJAD ALI SHAH, C.J.---From the two petitions captioned above, first petition is filed by Moazam Shah, who is complainant and father-in-law of deceased Shabbir Hussain Shah. Grievance of the petitioner is that respondent Mohsan Shah was convicted under section 302, P.P.C. And sentenced to death and fined on the charge of murder of Shabbir Hussain Shah but on appeal, High Court has reduced the sentence from death to life imprisonment. It is submitted by the counsel of the petitioner that prosecution has produced ocular evidence of three eye-witnesses which is further corroborated by positive report of Fire Expert, whose finding is that two crime empties recovered from the spot matched with and were fired from licensed gun recovered from respondent Mohsan Shah. There is also evidence of motive to the effect that five months before the incident quarrel took place between the deceased and respondent Mohsan Shah involving grappling and they were separated by intervenors. Respondent Mohsan Shah went away extending threat to Shabbir Hussain Shah that he would take revenge.
2. High Court discarded the finding of Fire Arm Expert on the ground that crime empties were sent to the laboratory belatedly after recovery of gun. High Court reduced sentence from death to life imprisonment on the ground that prosecution had not disclosed immediate motive of the occurrence as no unpleasant incident took place between the parties for five months in spite of the fact that they lived in the same neighbourhood.
3. The learned counsel for the petitioner has contended that respondent Mohsan Shah has admitted in his 342, Cr.P.0 statement that scuffle took place between him and the deceased before incident as alleged in F.I.R. And since this evidence is not specifically disbelieved, it should have been accepted as satisfactory corroboration of motive to justify the capital punishment. In support of the proposition reliance is placed on the following decisions:
(1) Abdur Rashid v. Umid Ali and 2 others (PLD 1975 SC 227).
(2) Muhammad Sharif v. Muhammad Javed alias Jeda Tedi and 5 others (PLD 1976 SC 452).
(3) Safdar Abbas and 2 others v. The State (PLD 1987 SC 467).
(4) Aftab Iqbal v. Manzoor Ahmed and another (1985 SCM R 269).
4. We grant leave to consider whether the judgment of the High Court reducing sentence from death to life imprisonment is in conformity with the guidelines enunciated in the case-law on the subject including decisions mentioned above. We also grant leave in the Jail petition filed by respondent Mohsan Shah. We direct that both the appeals be heard together.