' MANZOOR HUSSAIN SIAL, J.---Falak Sher through this petition and Amir through the connected jail petition seek leave to appeal from this Court against judgment dated 22-4-1993, passed by the Lahore High Court, whereby the death sentence awarded to Falak Sher petitioner was confirmed and the death sentence awarded to Amir was altered to life imprisonment.
2. The petitioners alongwith Noor Muhammad and Naseer were tried by the Additional Sessions Judge, Sahiwal, on the charge under section 302/34, P.P.C., for the murder of Munir Ahmad. The petitioners were convicted on 1-7-1989, and sentenced to death in addition to payment of fine and compensation, while their co-accused Noor Muhammad and Naseer Ahmad were acquitted. On appeal the High Court vide impugned judgment confirmed death sentence awarded to Falak Sher petitioner but altered the death sentence awarded to Muhammad Amir to imprisonment for life with the benefit of provisions of section 382-B, Cr.P.C.
3. The occurrence in this case had taken place at about 9-00 a.m. On 5-6-1987, near Chah Ramzan Luck on a metalled road about 2 kilo metres from Police Station Harappa. According to Mumtaz Hussain complainant on the fateful day he alongwith his brother Munir Ahmad was coming from Harappa to his village on a bicycle, when they were apprehended by the petitioners who were armed with knives while co-accused Noor Ahmad armed with gun and Naseer Ahmad empty- handed. Mumtaz Hussain complainant ran away towards eastern side whereas Munir Ahmad deceased left his bicycle there and tried to escape. He was apprehended by the assailants. Falak Sher inflicted knife blow on the abdomen of deceased while Amir petitioner inflicted knife blow on his chest. Munir Ahmad fell down whereupon Falak Sher slaughtered him while his legs were held up by Naseer acquitted accused. The occurrence was witnessed besides Mumtaz Hussain complainant Mudasar Ahmad P.W. And Manzoor, who was given up. The assailants fled away from the place of occurrence. Munir Ahmad succumbed to the injuries at the spot.
4. The motive for the occurrence set up by the prosecution was that the father of Amir accused, namely, Muhammad was murdered few years prior to the occurrence in which Munir Ahmad alongwith others was challaned and later on acquitted by the High Court.
' The petitioners pleaded not guilty at the trial and deposed that they were involved on account of enmity.
5. The case against the petitioners is based on ocular testimony of Mumtaz Hussain complainant who is brother of Munir Ahmad deceased and Mudasar Ahmad P.W. 7 who is admittedly related to the parties. The prosecution also relied on the medical evidence and evidence of strong motive to avenge the murder of Muhammad the father of Amir petitioner and uncle of Falak Sher.
6. Learned counsel for petitioners contended that the evidence of recovery as well as medical evidence does not support the prosecution version. The eye-witnesses of the occurrence being interested no reliance can be placed on their testimony. Both the eye witnesses deposed that an injury was inflicted by Falak Sher on the abdomen of the deceased which was not found by the doctor on post-mortem examination of the dead body of Munir Ahmad.
7. The contentions raised have been considered by us in the light of the evidence on the record. The learned trial Court as well as the High Court relied on the ocular account furnished by Mumtaz Ahmad P.W.6 and Mudasar Ahmad P.W.7 which inspires confidence. We have perused the statement of Mudasar who is rated by the High Court as an independent witness and find that he has corroborated the statement of the complainant on all material points. The occurrence had taken place in the broad daylight. The F.I.R. Was lodged without loss of time describing the details of the occurrence. The medical evidence and evidence of motive in our view provided ample corroboration in bringing home the guilt of the petitioners.
8. In our considered view, the order of conviction unanimously passed by the learned trial Judge as well as the learned Judges of the High Court under section 302, P.P.C. Is based on sound reasoning.
Falak Sher petitioner had slaughtered the deceased with cruelty, therefore, the learned Courts below rightly awarded him normal penalty of death and taking lenient view altered the death sentence to imprisonment for life in case of Amir who was at the relevant time about 19 years old and was son of Muhammad who was allegedly murdered by the complainant party in this case.
9. In our estimation, the petitioner's conviction and the sentences imposed upon them on the charge under section 302, P.P.C. Call for no interference by this Court. Leave is accordingly refused.