Mst. HAFEEZAN BIBI vs MUHAMMAD TUFAIL and others

' ABDUL QADEER CHAUDHRY, J.---The petitioner seeks leave to appeal against the judgment of the High Court dated 28-2-1993, whereby the sentence of death passed by the trial Court was reduced to life imprisonment. Respondents Nos. 1 to 3 convicted by the learned Additional Sessions Judge, Okara, under section 302/34, P.P.C. And sentenced to death with fine. They were also convicted under section 201/34, P.P.C. And sentenced to 3 years' R.I. With fine. The High Court by impugned judgment maintained the conviction, but reduced the sentence under section 302/34, P.P.C. To life imprisonment.

2. The learned counsel for the petitioner has submitted that the circumstances of the case do not warrant the imposition of lesser sentence to the private respondents. There was no mittigating circumstance for reducing the sentence. The reasons which weighed with the High Court in reducing the sentence are as under:-- "He drew the attention of the Court to the statement of Ghulam Muhammad (P.W.8). According to him the three acquitted accused had also reached the railway station, met the appellants in the needs and were heard asking them (the appellants) to do the killing if they were real sons. The witness is not believable nor was believed by the learned trial Judge. However, the possibility that the three appellants obeying their father and fulfilling, his evil wish acted to finish their cousin who had won the civil suit regarding the ancestral land up to the High Court, cannot be ruled out. We are, inclined to accept the argument. The death sentences are not confirmed. The same are altered to imprisonment for life."

The sound reasons have been advanced by the High Court. There is no infirmity in the impugned judgment. Legal sentence has been imposed in the circumstances of the case.

' We see no ground for interference by this Court. The petition is dismissed and the leave prayed for refused.