' QAZI MUHAMMAD FAROOQ, J.-Leave to appeal has been sought by the complainant's side in a case of murder against grant of sentence of imprisonment for life instead of death.
2. Respondent Muhammad Nawaz and Karam Hayat were tried by the learned Additional Sessions Judge, Sialkot under section 302/34, P.P.C. For murder of one Javed Iqbal Shah and both of them were convicted under section 302(b)/34, P.P.C. And sentenced to death as Tazir. The appeal preferred by them was dismissed by a learned Division Bench of the Lahore High Court, Lahore on 28-3-2001 but the sentence of death was altered to imprisonment for life with benefit of section 382-B, Cr.P.C. And direction to pay a sum of Rs,40,000 as compensation under section 544-A, Cr.P.C. To the legal heirs of the deceased.
3. A lenient view in the matter of sentence was taken by the High Court on account of the following reasons:-- ' "The prosecution case in terms that it was a premeditated attack has not been found to be acceptable. If that were the position the accused would have started shooting at the deceased at sight and there was no occasion for them for having given blunt weapons injuries to his hands and other parts of his body. Enmity between the parties no doubt is there but since the occurrence had taken place out of sudden and without premeditation the accused possibly were in a position to inflict more harms to the deceased as the occurrence had taken place just outside their house and they were able to fetch weapons from their house and could have used the same against the accused."
4. After hearing the learned counsel for the petitioner and going through the record we have come to an irresistible conclusion that lesser sentence was awarded to the respondents on correct premises and the contention raised by the learned counsel for the petitioner lacks substance.
' The result is that the petition having no merit is dismissed and .