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Petitioner: GHULAM MUHAMMAD VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Ajmal Mian, Wali Muhammad Khan Title: GHULAM MUHAMMAD vs THE STATE Case No.: Criminal Petition No, 455(L) of 1993 Date of Judgment:1994-05-07 Reported As: 1995 SCMR 487 Result: Leave granted
Judgment ORDER ' AJMAL MIAN, J.---The petitioner alongwith two co-accused was convicted under section 302/34, P.P.C. By the learned Additional Sessions Judge, Multan. The petitioner was awarded death sentence and a fine of Rs,15,000 and in default of payment of fine to undergo two years' R.I., whereas the other two co-accused were awarded life imprisonment plus fine of Rs,10,000 each and in default whereof to undergo further R.I. Of two years each. All the three accused were also directed to pay compensation of Rs,10,000 each under section 544-A, Cr.P.C. To the legal heirs of the deceased Muhammad Rafique. Upon appeal, the other two co-accused Muhammad Ashiq and Allah Ditta were acquitted, whereas the petitioner's conviction from section 302, P.P.C. Was converted into 304, Part I, P.P.C. And was awarded imprisonment for fife and the amounts of fine and compensation were maintained. The petitioner has, therefore, filed present petition for leave to appeal. 2. In support of the above petition Mr. S.M. Tayyab, learned AOR; appearing for the petitioner, 'has vehemently contended that the two Courts below erred in holding that the offence against the petitioner was proved beyond reasonable doubt. ' We are not impressed by the above submission as the trial Court as well as the High Court have thoroughly dealt with the evidence produced by the prosecution. 3. The conclusion as to the guilt of the petitioner is sustainable, however, we are inclined to grant leave to consider, whether it was a fit case for imposing maximum sentence of imprisonment for life under section 304, Part I. ' Leave is accordingly granted.