1. ' RIAZ AHMED, C.J.-Leave to appeal is sought against the order dated 7-8-2001 of the Lahore High Court, Lahore whereby a learned Single Judge of the High Court dismissed the appeal preferred by the petitioner assailing his conviction on the charge under section 302, Pakistan Penal Code while his co-accused Ashiq Hussain and Nasir Hussain were acquitted of the charge.
2. ' The facts in brief are that petitioner-Arif Hussain alongwith his brothers Ashiq Hussain and Nasir Hussain and one Ejaz Hussain Shah was tried by Additional Sessions Judge, Toba Tek Singh for having committed the murder of Mst. Sabban, the step-mother of the petitioner and his brothers.
3. The deceased married the father of the petitioner to which they have grudge. On the fateful day the deceased went to the house of Zawar Hussain for condolence of the mother of the Zawar Hussain. It is alleged that Arif Hussain alongwith his co-accused came there holding a jug containing acid while Ijaz Hussain was holding a glass full of acid. Ashiq Hussain and Nasir Hussain caught hold of the deceased and the petitioner poured acid over the face and various parts of the body of the deceased. She was removed to the Tehsil Hospital for medical assistance. The occurrence took place on 13-12-1996. F.I.R. Was lodged on 19-12-1996. The statement of the deceased was recorded on 11-1-1997 and she named the petitioner and his co-accused responsible for throwing acid on her. Mst. Sabban succumbed to the injuries on the night between 19/20 of February, 1997.
4. ' Learned trial Judge found the petitioner alongwith Ashiq Hussain and Nasir Hussain guilty of the said charge and sentenced them to undergo life imprisonment and to pay a fine of Rs,50,000 each and in default whereof they will suffer further R.I. For five years each. On appeal the learned Single Judge vide judgment impugned acquitted Ashiq Hussain and Nasir Hussain while the conviction of the petitioner was maintained.
5. After hearing the learned counsel for the petitioner and having gone through the record of the case we are of the view that the prosecution case stands established on record. Medical evidence also corroborates the case of the prosecution that acid was thrown on the deceased, which caused her death. Learned counsel states that death was not caused due to the acid thrown on the deceased but she died due to some chronic disease. We are afraid the contention of the learned counsel has no force. Deceased was done to death in a gruesome manner and the petitioner was responsible for causing the death of the deceased. The judgment impugned is not open to any exception.
6. Hence his petition is dismissed and leave declined.