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Petitioner: MUHAMMAD YASEEN VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Ajmal Mian, Wali Muhammad Khan Title: MUHAMMAD YASEEN vs THE STATE Case No.: Criminal Petition No, 207(L) of 1993 Date of Judgment:1994-05-02 Reported As: 1995 SCMR 839 Result: Leave granted
Judgment ORDER ' AJMAL MIAN, J.---The petitioner stands convicted under section 304 (Part I), P.P.C., as recorded by Additional Sessions Judge, Faisalabad, and has been awarded sentence of imprisonment for life besides imposition of fine and direction for payment of compensation to the legal heirs of the deceased and which conviction and sentence have been confirmed by the learned Single Judge of the Lahore High Court. The petitioner has, therefore, filed present petition for leave to appeal. 2. In support of the above petition we have heard Choudhry Muhammad Ashraf Wahla, learned Advocate Supreme Court for the petitioner. We are not inclined to grant leave on the merits of the case but we are inclined to grant leave to consider whether in the circumstances of the present case, the learned Additional Sessions Judge was justified to award maximum sentence of life imprisonment instead of ten years' R.I. Or for a lesser period after having held that the petitioner's case was covered by section 304 (Part I) P.P.C. And not under section 302, P.P.C. Leave is accordingly granted.