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Petitioner: MUHAMMAD ALI VS Respondent: SIKANDAR HAYAT and others
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Dr. Javed Iqbal, Saad Saood Jan Title: MUHAMMAD ALI vs SIKANDAR HAYAT and others Case No.: Criminal Petitions Nos.109 and 110 of 1987 Date of Judgment:1989-04-15 Reported As: 1989 SCMR 1945 Result: Leave granted
Judgment ORDER ' GHULAM MUJADDID, J.--Mohammad Ali son of Sarwar Khan, resident of Chak No, 56/NB, Police Station Saddar District Sargodha has filed two separate petitions against the judgment of the Lahore High Court dated 9-3-1987. ' Petition No,109/87 is for enhancement of sentence. The other (Cr.P.110/87) is against the acquittal of Rah Nawaz respondent. ' Learned counsel did not press Criminal Petition No,110/87. The same is hereby dismissed. ' In the other petition we have heard learned counsel and have also perused the impugned judgment. We think it is a fit case for leave to appeal. The reason given by the High Court whereby the conviction and sentence of respondents 1 and 2 was altered A from section 302 to 304, Part H, P.P.C. Requires detailed examination so as to make sure whether there was any legal justification for such an alteration and reducing the sentence when the same is not warranted by law. ' Bailable warrants in the sum of Rs,30,000 each with two sureties each in the like amount to the satisfaction of A.C., Sargodha.