' KARAMAT NAZIR BHANDARI, J.--- This judgment will dispose of Criminal Petition No,1-L of 2002 titled Qalab Ali (deceased) through his L.Rs, and others v. Sipahia and others filed by the complainant whereby Ansar-accused-respondent No,2 has been acquitted of the charge under section 302/34, P.P.C. And Jail Petition No,4 of 2002 filed by Sipahia accused convict challenging his conviction on the same charge and imposition of sentence of death. The latter petition is barred by 15 days. The delay is of few days and as the petitioner is condemned prisoner, we condone the same in the interest of justice. Both the petitions are against the judgment dated 20-11-2001 of the Lahore High Court, Lahore, have common facts and involve similar question of law.
2. Ansar, accused-respondent No,2 has been acquitted by the High Court as in the F.I.R. "no allegation was levelled against Ansar appellant to the effect that he too had caused any injury to Sarfraz deceased but subsequently through a supplementary statement Qalab Ali complainant had improved his story by distributing various injuries sustained by the deceased between the two appellants". The High Court found this improvement "to be doubtful and not above board. Even otherwise Ansar appellant had no connection with the motive set up by the prosecution and, thus, his involvement in this case has appeared to us to be a result of exaggeration by the complainant party". We asked the learned counsel for the petitioners to demonstrate that this view is either perverse or shocking. Learned counsel has not been able to pursuade us that the reasoning of the High Court is incorrect, muchless perverse or shocking. Criminal Petition No,1-L of 2002 filed by the complainant is hereby dismissed.
3. As regards Jail Petition No,4 of 2002 and the case of the condemned accused-Sipahia is concerned, with the assistance of learned counsel for the complainant, we have examined the record and has scrutinized the impugned judgment. The High Court has concluded that recovery of blood-stained "Toka" from Sipahia furnishes corroboration to the ocular account. Similarly, the medical evidence was found to support the claim of the eye-witnesses. We are satisfied that the conviction and sentence of Sipahia petitioner rest on sound footing. No interference is called for.
Resultantly, this petition is also dismissed.
4. Both these petitions are hereby dismissed and leave to appeal is refused.