1. ' WALI MUHAMMAD KHAN, J.---Muhammad Yaqub, petitioner herein, through Petition No,83-L/93, seeks leave to appeal against the judgment dated 21-12-1992 passed by a learned Division Bench of the Lahore High Court, whereby the appeal filed by Zahoor Hussain, respondent No,2, against his conviction and sentence of death for the murder of Muhammad Riaz brother of the petitioner/complainant, was partly accepted, the death sentence awarded to him was reduced to life imprisonment and the Murder Reference not confirmed. The petitioner prays for the setting aside of the judgment of the High Court and awarding death sentence to respondent No,2. Zahoor Hussain respondent No,2 has also preferred Jail Petition No,93/93 against the same judgment praying for setting aside the judgment of the High Court and acquitting him of the charge.
2. ' Through this judgment we propose to dispose of both the above petitions.
3. ' We have heard Shaikh Zamir Hussain, Advocate, for the petitioner in Criminal Petition No,83-L/93, and have perused the record of the case.
4. The learned High Court was influenced by the prosecution's own version that respondent No,2 suspected the deceased of having brought bad name to their family by cultivating illicit connection with his sister and acted to avenge his family honor. The learned counsel for the petitioner submits that the sister of the accused/respondent 2 had died about 7/8 months prior to the occurrence and the question of family honor did not arise. There is nothing on the record to show the cause of her death but the family honor could not vanish with her death and was bound to survive her death for some time. The learned High Court also considered the tender age of 16/17 years of the accused/respondent 2 at the time of occurrence as the mitigating circumstance. The High Court had discretion in the matter of confirming or declining to confirm the death sentence and we do not find any illegality or material irregularity in the exercise of this discretion by the High Court.
5. ' As regards the Jail Petition filed by the convict/respondent 2, the same is barred by 98 days.
6. Moreover, on merits too, the case against him is proved beyond reasonable doubt and the order of the trial Court as well as of the High Court being based on the proper appraisal of evidence is not open to interference by this Court.
7. ' Resultantly, both the petitions bearing No,Cr.P.83-L/93 and J.P. 93/93 are dismissed.