' MUNIR A. SHEIKH, J.---Through this petition, Asad Ullah petitioner-complainant seeks leave to appeal against the judgment dated 30-5-2001 of the Lahore High Court through which Division Bench of the said Court after upholding the conviction of respondent No,1 under section 302, P.P.C.
For causing death of Barkhurdar, converted his sentence of death to life imprisonment.
2. According to the prosecution story, the dispute arose on the question of possession of the land and cutting of 'Keekar' trees standing over it. According to the complainant story, the accused claimed that 'Keekar' trees were standing on their part of the land in joint Khata whereas according to the petitioner, the said portion of the land was in his possession.
3. The trial Court after considering the evidence produced by the prosecution convicted both Zulfiqar, respondent No,1 and Naik. Muhammad, the other accused person under section 302, P.P.C.
And found that the injury attributed to respondent No,1 with Sota' on the left side of the head of the deceased Barkhurdar was the cause of his death and the other injury attributed to Naik Muhammad co-accused, though also contributed to his death but respondent No,1 was awarded death sentence and Naik Muhammad life imprisonment.
4. The petitioner-complainant filed appeal before the High Court with permission against the award of life imprisonment to Naik Muhammad which was dismissed by the said Court. When Murder Reference and the appeal of respondent No,1 accused against his conviction and sentence of death came up for hearing, the Division Bench of the High Court came to the conclusion that the case of Zulfiqar as regards causing of injury on the head of the deceased was at par with the said Naik Muhammad whose life imprisonment had been confirmed by the High Court, therefore, keeping in view the circumstance that the occurrence took place at the spur of the moment, distinction could not be drawn between the case of Zulfiqar and Naik Muhammad, therefore, the sentence of death of Zulfiqar was converted into life imprisonment against which exception has been taken by the petitioner through this petition.
5. We have heard learned counsel for the petitioner and find that the reasons given by the High Court for converting the death sentence of respondent No,1 to life imprisonment are in accordance with principles laid down by the superior Courts for safe administration of criminal justice and do not suffer from any illegality.
6. Resultantly, this petition is dismissed and leave refused.