1. ' USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioner against the order of the Lahore High Court, Rawalpindi Bench dated 21-1-1989, passed in CrA.No,79 of 1986 and M.R.No,158 of 1986.
2. ' Abdul Khaliq petitioner alongwith Sher Khan who died during the pendency of the appeal and Azim Khan were tried by the Addl. Sessions Judge Attock, under section 302/307/34, P.P.C., for the murder of Abdul Ghafoor and Akbar Khan and murderous assault and causing injuries to Sher Afzal and Dost Muhammad P.Ws. On 17-5-1985 at 10-0 a.m. In the area of village Dakhnair, District Attock.
3. The learned Addl. Sessions Judge, vide his order dated 20-7-1986, acquitted Azim Khan and found guilty Abdul Khaliq petitioner and Sher Khan (since dead) of the offence and sentenced them under section 302/34, P.P.C. To death on each count and fine of Rs,8,000 each on each count or in default to suffer each further R.I. For six months. Out of the fine if recovered Rs,10,000 each be paid to the heirs of Abdul Ghafoor and Muhammad Akbar deceased. They were also convicted under section 307/34, P.P.C. And sentenced each of them to four years R.I. With fine of Rs,6,000 each or in default to undergo further R.I. For six months. The fine if realised was ordered to be paid to Sher Afzal injured P.W. Abdul Khaliq petitioner and Sher Khan filed appeal against their conviction and sentences, before the Lahore High Court, Rawalpindi Bench. Sher Khan died during the pendency of the appeal. The learned Division Bench of the High Court vide its judgment dated 21-1-1989, maintained the conviction of Abdul Khaliq petitioner under section 302/34, P.P.C. But reduced his sentence of death to imprisonment for life on both counts for the murder of Abdul Ghafoor and Muhammad Akbar deceased. His sentence of fine was also reduced to Rs,4,000 on each count and in default of payment of fine to suffer further R.I. For two years. On realisation the fine was ordered to be paid to the legal heirs of the deceased Abdul Ghafoor and Muhammad Akbar deceased in equal share, under section 544-A, Cr.P.C. As compensation. His conviction under section 307/34, P.P.C. And sentence of four years R,I. Was also maintained but his fine was reduced to Rs,1,000. Or in default to undergo further R.I. For six months. The fine if relied was ordered to be paid to Sher Afzal injured P.W. As compensation under section 544-A, Cr.P.C. The benefit of section 382-B, Cr.P.C. Was also extended to him.
4. ' We have heard the learned counsel for the petitioner and have gone through the evidence on record. It is observed that in this case Sher Khan accused who died during the pendency of the appeal had tried to accept the responsibility of the twin murder of the deceased but his version did not correspond with the medical evidence and was belied by the Doctor who performed the autopsy on the dead bodies of the deceased. According to the doctor both the deceased received two independent shots on their persons which resulted in their death. The version put forward by the defence does not find support from any of the independent evidence brought on the record.
5. Therefore, it has rightly been rejected by the Courts below. On the other hand the version given by the prosecution is supported by both the ocular and medical evidence and thus A proved its case against the accused petitioner and his co-accused Sher Khan (since dead) beyond any reasonable doubt and they have rightly been convicted for the offence of twin murder of the deceased and murderous assault on Sher Afzal injured P.W.
6. As far as the reduction of death sentence into imprisonment for life of the petitioner is concerned, it is apparent from the record that the complainant party took the cattle of the accused party to their home for which they have failed to give a reasonable justification. This action on the part of the deceased party has given some sort of provocation to the accused party against them which has created mitigating circumstances in which they have enacted this tragedy. This fact has properly been appreciated by the learned Division Bench of the High Court and has rightly reduced the death sentence of the petitioner to imprisonment for life. We do not see any justification for our interference in the impugned judgment. This petition is, therefore, dismissed.