' QAZI MUHAMMAD FAROOQ, J.---This petition for leave to appeal has arisen from the judgment dated 24-7-2001 of a learned Division Bench of the Lahore High Court in Criminal Appeal No, 163 of 1998 whereby the sentence of death awarded to the respondent Bashir alias .Bushri in a murder case was altered to imprisonment for life.
2. A lenient view in the matter of sentence was taken by the learned Judges in, the High Court for the following reasons:-- ' "The very important factor which is present in this case is that the suit for dissolution of marriage was decreed in favour of Mst. Fakhra on 31-1-1994 she was present in her house and was abducted by Rafique on 2-4-1994, it was a matter of family honour and disgrace to the appellant, who was closely related to Mst. Fakhra, he was also perusing her cases, he was a witness in the abduction case of Mst. Fakhra, in our considered view, he feeling hurt by the abduction of Mst. Fakhra, who was her real niece, committed this murder. There is difference of three days in registration of case of abduction and the present occurrence. The appellant fired only one shot, did not repeat the same, we think these two facts are sufficient for reducing the sentence of the appellant and we treat the same as a mitigating circumstance in favour of the appellant."
3. The grievance of the petitioner is that the mitigating circumstance of family honour would have been available in the event of murder of Rafique but had no nexus with the murder of Abdul Waheed.
4. The petition is barred by 53 days and no valid ground for condonation of delay is contained in the application moved for the purpose. In any event a case for interference is not made out as the deceased appears to have played a vital role in the plight of the abductee Mst. Fakhra and the main reason for awarding lesser sentence is based on sound judicial principles. The petition is, therefore, dismissed and .