1. ' JAVID IQBAL, J.--This petition for leave to appeal is directed against judgment of the Lahore High Court, Lahore dated 9th July, 1988 whereby conviction of respondent Muhammad Sarwar under section 302, P.P.C. Was maintained but his sentence was altered to life imprisonment for the reason that the motive set up by the prosecution could not be proved.
2. ' Briefly the facts are that Muhammad Sarwar respondent was tried under section 302, P.P.C. For the murder of Bashir Ahmad and the trial Court vide its judgment convicted him thereunder and sentenced him to death plus fine. On appeal as stated above his conviction was maintained but the death sent( ace altered to imprisonment for life. Hence the present petition from the comple nant side.
3. ' Learned counsel for the complainant-petitioner submits that the motive set up by the prosecution was very clear and should have been believed in the instant case. Muhammad Sarwar respondent and the deceased were living together in the same place. There was quarrel between them because Muhammad Sarwar respondent had borrowed some money from the deceased and when the deceased wanted to have the amount back Muhammad Sarwar respondent is stated to have attacked him.
4. We have carefully examined this aspect of the case. The High Court did not rely on the motive and the learned Judges have given reasons in detail on page 14 of the impugned judgment as to why the motive as set up by the prosecution was not established. The finding is that the prosecution did not succeed in proving the motive for the occurrence and that there is no evidence on the record as to how it started. It was in this background that the sentence had been altered from death to imprisonment for life.
5. ' After hearing learned counsel, in our view, rio case is made out for interference. The petition is even otherwise barred by 15 days. However we dismiss it on merits.