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1990 SCMR 292

GHULAM MUSTAFA vs AKBAR KHAN and another

Petitioner: GHULAM MUSTAFA VS Respondent: AKBAR KHAN and another

Court: Supreme Court of Pakistan Decision Date: 1989-04-11

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Dr. Javed Iqbal, Saad Saood Jan Title: GHULAM MUSTAFA vs AKBAR KHAN and another Case No.: Criminal Petition No, 257 of 1987 Date of Judgment:1989-04-11 Reported As: 1990 SCMR 292 Result: Petition dismissed

JUDGMENT

JUDGMENT ' GHULAM MUJADDID, J.--Grievance of Ghulam Mustafa petitioner seeking leave to appeal against the judgment of the Lahore High Court dated 7-6-1987 is that there was no legal justification in altering the conviction of the respondent who had been sentenced to imprisonment for life for the murder of Farooq which took place on 8-7-1982 at 7 a.m., from section 302, P.P.0 to 304, Part II, P.P.C. And thereby reducing the sentence of imprisonment for life to seven years' R.I. And fine Rs, 30,000 to Rs,5,000. ' We have heard learned counsel for the petitioner and have also seen the judgment of the High Court and looked into the reason given for altering the conviction and sentence of the respondent. Learned Judge of the High Court was of the view that offence committed by the respondent fell within the ambit of section 304, Part II, P.P.C. He gave cogent reasons for that and thereby exercised his judicial discretion in accordance with law. ' We don't think the judgment of the High Court calls for any interference. The petition is hereby dismissed.

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