' MUNIR A. SHEIKH, J.---This petition is directed against the judgment, dated 25-7-2001 of a Division Bench of the Lahore High Court through which conviction of the petitioner recorded by the Trial Court under section 302, P.P.C. For the murder of Ishtiaq Ahmed deceased has been upheld but his sentence of death converted into life imprisonment whereas. Co-accused Talat Muhammad who was also sentenced to death has been acquitted by giving him benefit of doubt. Both these accused persons who were also convicted and sentenced under section 201, P.P.C. Were, however, acquitted from the said charge,
2. We have gone through the judgment of the High Court with the assistance of learned counsel for the petitioner and find that the findings are as follows:--
(a) That the presence of the eye-witnesses at the spot was highly doubtful;
(b) that the prosecution and defence as well had not spoken the truth.
3. The petition has been filed by the complainant for enhancement of sentence of the respondent.
It appears that the learned Judges of the High Court after having held that the prosecution had told a lie and presence of the eye-witnesses at the spot has not been proved, proceeded to maintain the conviction because the respondents in their statements under section 342, P.P.C.
Made out a case that they acted under sudden provocation as deceased had entered into their house and caught hold Mst. Rukhsana, on account of which they committed the said act. In these circumstances it is not a case of enhancement of sentence as argued by learned counsel for the petitioner. The statement of the accused according to law if is to be made the basis for his conviction is to be accepted or rejected as a whole, therefore; in our view law would be on the side of the respondents accused rather than enhancement of their sentence.
4. In view of this, we do not find any merits in this petition as the judgment passed by the Lahore High Court does not suffer from any illegality, therefore, this petition is hereby dismissed and leave refused.