1. ' JAVID IQBAL, J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court Lahore dated 10th March 1987 whereby the conviction of Shahid Mahmood respondent under section 302 PPC was maintained but his sentence of death was altered to life imprisonment plus fine. This petition is for enhancement of his sentence.
2. ' Briefly the facts are that the respondent was tried for an offence under section 302, P.P.C. And the trial Court vide its judgment convicted him under the aforesaid section and sentenced him to death plus fine. On appeal his conviction was maintained but sentence was altered by the High Court, as stated above.
3. ' The deceased in this case is Abid Hussain. The occurrence took place at 8 p.m. On 17th November, 1984 in Mohallah Muhammadpura, Sialkot City. F.I.R. Was lodged by the petitioner, father of the deceased on the same day after some time. From the respondent was recovered blood-stained Chhuri. The eyewitnesses are the petitioner and Muhammad Sharif maternal-grandfather of the deceased. According to the medical evidence the deceased had one incised injury on the left side of abdomen. The motive set up is that the deceased objected to the respondent standing in front of the door of his house. He reprimanded him, hot words were exchanged and they grappled. The respondent went away with a threat to avenge the insult.
4. ' According to the prosecution version the deceased was standing in his outer door of his own house whereas the respondent stood at the door of his house. The deceased reprimanded the respondent as to why he was standing there. A quarrel ensued and they grappled but he left holding out a threat to avenge the insult. After few hours when the deceased was in the lane the respondent came there armed with a Chhuri and caused injury to the deceased. The occurrence was witnessed by the eye-witnesses. The findings of the High Court are that the eye-witnesses are reliable and the occurrence did take place. Their testimony is corroborated by the recovery evidence and supported by the medical evidence. But so far as the motive set up by the prosecution is concerned it was not very obvious and the real cause of occurrence remained shrouded in mystery. It was only for this reason that maintaining the conviction of the respondent under section 302, P.P.C. His sentence was altered to life imprisonment.
5. ' Learned counsel for the petitioner attempted to argue before.Us that the motive should have been relied upon. But after perusal of the record and the impugned judgment we are inclined to agree with the conclusion arrived at by the High Court on this point. In that view of the matter no case is made out for interference. The petition is accordingly dismissed.