MANZOOR AHMAD MALIK, J.---Criminal Appeal No.151-L of 2009, with leave of the court, impugns the judgment dated 03.11.2008 passed by a learned Division Bench of the Lahore High Court, Lahore whereby Criminal Appeal No. 1682 of 2002, filed by Muhammad Ishfaq (respondent No.2) was partly allowed and the sentence of death awarded to him by the learned Additional Sessions Judge, Samundari, District Faisalabad was converted to imprisonment for life. Against the same judgment Muhammad Ishfaq petitioner has preferred Jail Petition No.84-L of 2009.
2. Precisely , facts of the case are that petitioner (in Jail Petition No.84 of 2009) along with his co-accused was tried in case FIR No.89 registered under sections 302, 337-F(v) and 34, P.P.C. on 08.04.2001 at Police Station Sadar Samundari, District Faisalabad, for the murder of Muhammad Iqbal, brother of the complainant and causing injuries to Inayatullah, father of the complainant. After trial, petitioner was convicted under section 302(b), P.P.C. and sentenced to death. He was also ordered to pay Rs.50,000/- as compensation to the legal heirs of Muhammad Iqbal (deceased) under section 544-A, Cr.P.C. failing which he had to undergo further S.I. for six months. Co- accused of the petitioner namely Muhamm ad Hayat was convicted under section 337-F(v), P.P.C. for causing injury to Inayatullah and sentenced to imprisonment for two years. He was also directed to pay. Rs.5,000/- as daman to the said injured. Another co-accused of the petitioner namely Mushtaq was acquitted of the charges through the same judgment. Feeling dissatisfied with the judgment of the trial court, the petitioner preferred Criminal Appeal No. 1682 of 2002 seeking his acquittal whereas Muhammad Riaz, complainant filed Criminal Revision No. 1027 of 2002 for the enhancement of sentence awarded to Muhammad Hayat alias Umar Hayat co-convict of the petitioner .
The learned trial court sent Murder Reference No. 698 of 2002 for confirmation or otherwise of the sentence of death awarded to Muhammad Ishfaq petitioner . All these three cases were heard together by the learned Division Bench of the Lahore High Court and vide judgment dated 03.11.2008 Murder Reference No.698 of 2002 was answered in the negative. The sentenc e of death awarded to Muhammad Ishfaq convict was not confirmed.
Criminal Revision No. 1027 of 2002 filed by the complainant was dismissed and Criminal Appeal No. 1682 of Muhammad Ishfaq appellant was partly allowed and his sentence of death was converted to imprisonment for life.
However , the amount of compensation payable to the legal heirs of Muhammad Iqbal (deceased) was maintained.
Muhammad Ishfaq petitioner assailed the judgment of the Lahore High Court through Jail Petition No. 84-L of 2009 whereas Muhammad Riaz complainant preferred Criminal Petition No. 135-L of 2009 against the impugned judgment. Vide order dated 03.06.2009, leave was granted to Muhammad Riaz complainant by this court whereas Jail Petition No. 84-L of 2009 was ordered to be heard along with the appeal to be filed out of Criminal Petition No. 135-L of 2009.
3.We have heard the learned counsel for the parties and perused the available record with their able assistance.
4. Firstly , we will take up Criminal Appea l No. 151-L of 2009. Muhammad Ishfaq, respondent No.2 was attributed single fire shot on the person of Muhammad Iqbal (deceased) and there was no allegation of repetition of firing.
The learned Division Bench of the Lahore High Court in para-8 of the impugned judgment has given valid reasons for reducing the death sentence awarded to Muhammad Ishfaq, respondent No.2 and converting the same into life imprisonment. Upon our own independent assessment of the material available on the record, we do not find any reason for interference in the discretion exercised by the learned Division Bench of Lahore High Court in their appellate jurisdiction. Therefore, there is no merit in this appeal which is dismissed.
5. Now we advert to Jail Petition No. 84-L of 2009, filed by Muhammad Ishfaq, convict. The said convict petitioner has been attributed firearm injury on the person of Muhammad lqbal (deceased) which proved fatal. Ocular account furnished by Muhammad Riaz, complainant (PW-5) and Inayatullah injured (PW-6) is fully supported by the medical evidence furnished by the Dr. Hafizullah, (PW-2) therefore we hold that the prosecution case stood fully proved against Muhammad Ishfaq petitioner beyond any shadow of doubt. The learned Division Bench of Lahore High Court through the impugned judgment has already reduced the sentence of death awarded to Muhammad Ishfaq convict petitioner to imprisonment for life. We are not persuaded to interfere with the impugned judgment.
Therefore, there is no merit in this jail petition which is dismissed and leave to appeal is refused.