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Petitioner: ALTAF PERVEZ VS Respondent: STATE
1988 S C M R 1072
1988 S C M R 1072
Present: Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan,, JJ
ALTAF PERVEZ‑‑Petitioner Versus THE STATE and another‑‑Respondents
Petition for Leave to Appeal No.350 of 1987, decided on 30th March, 1988.
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 28th September, 1987 in Criminal Appeal No.84 of 1984/Murder Reference No.73 of 1984).
Penal Code (XLV of 1860)‑‑
‑‑‑Ss.302 & 304, Part I‑‑Culpable homicide‑‑Sentence‑‑Conviction of accused‑ respondent altered by High Court from one under S.302, P.P.C. to that under S.304, Part I, P.P.C. and sentence of death reduced to ten years' R.I.‑‑Sentence awarded by High Court being appropriate in view of evidence on record and in circumstances of the case, petition for leave to appeal dismissed.
Rao Hamid Mukhtar Khan, Advocate Supreme Court, instructed by Rana M.A. Qadri, Advocate‑on‑Record for Petitioner. Nemo for Respondents.
Date of hearing: 30th March, 1988.
ORDER
ASLAM RIAZ HUSSAIN, J.‑‑Altaf Pervez petitioner seeks leave to appeal against the judgment of the Lahore High Court, Lahore dated 28th September, 1987 whereby it altered the conviction of Zafar Iqbal respondent from one under section 302, P.P.C. to that under section 304, Part I, P.P.C. and reduced his sentence from death to ten years' R.I.
Learned counsel for the petitioner only pressed for the enhancement of the sentence, before us. Having heard him on this aspect and after going through the relevant portions of the judgment as well as the evidence on the record, we are of the view that the sentence awarded by the High Court was appropriate, in the circumstances of this case.
We, therefore, dismiss the petition as having no merit.
S.Q. /A‑207/S Petition dismissed.