FAZAL KARIM, J.---According to the prosecution the incident occurred at about 11-30 p.m. On 15-3- 1992. The first information of the incident was laid by Mst. Bhagan petitioner. According to her she woke up on hearing a noise and found that Abdul Rahman respondent, empty-handed, was holding her son Irshad deceased by his legs and Maqbool Ahmad was inflicting hatchet injuries on various parts of the deceased's body.
2. The learned trial Court found both Maqbool Ahmad and Abdul Rahman guilty, convicted them under section 302 read with section 34, P.P.C. And sentenced each of them to life imprisonment and fine.
3. It appears that the learned trial Court gave no reason for awarding the lesser penalty.
4. The convicts appealed and Mst. Bhagan filed a revision petition. The learned Judge in the High Court found that the case against Abdul Rehman was not free from doubt and acquitted him. He maintained the conviction and sentence of Maqbool Ahmad. He too gave no reason why the normal penalty of death should have been as regards Maqbool Ahmad, be withheld.
5. In view of the role allegedly played by Abdul Rahman and for the reasons stated by the learned Judge in the High Court, we see no good ground for interfering with his acquittal. Leave to appeal so far as the acquittal of Abdul Rahman is concerned is refused.
6. As neither the learned trial Court nor the learned Judge in the High Court gave any-reason for not awarding the normal penalty of death to Maqbool Ahmad, leave is granted to consider whether or not it was a case in which the normal penalty of death should have been awarded.