' MUNIR A. SHEIKH, J.---This petition is directed against the judgment, dated 11-4-2001 of the Lahore High Court through which on acceptance of appeal filed by the respondent-convict, his conviction under section 302(b), P.P.C. For causing death of Ruqia Bibi and award of sentence of death has been set aside and he has been acquitted of the charge.
2. The respondent was tried for the murder of Ruqia Bibi. According to the F.I.R., motive as disclosed was that Rafaqat Hussain Shah, respondent and Zia-ur-Rehman, brother of Ruqia Bibi deceased were married in the same family. The wife of Zia-ur-Rehman wanted divorce from him (Zia-ur- Rehman) which was being opposed both by Zia-ur-Rehman and Ruqia Bibi. Refaqat Hussain Shah, respondent allegedly was supporting the wife of Zia-ur-Rehman for getting divorce due to which he allegedly caused the murder of Ruqia Bibi because she was opposing the said divorce.
3. The ocular account was furnished by lnayat Shah (P.W.2) and Shabir Shah (P.W.3). They though were residents of the same Illaqa but in different streets. They were admittedly chance witnesses.
In the statement made before the police under section 161, Cr.P.C. By P.W.2 only one injury was attributed to the respondent whereas improvement was made when he appeared in the evidence and deposed that three injuries were inflicted to the deceased.
4. The learned Judge in Chambers of the High Court after examining the evidence of these two witnesses in detail came to the conclusion that their presence in front of the house at the relevant time was highly doubtful,
5. Learned counsel for the petitioner has not been able to persuade us that in these circumstances, Rafaqat respondent had any reason to go to the extent of causing death of Ruqia Bibi in respect of a matter of divorce between Zia-ur-Rehman, brother of Ruqia Bibi and his wife. The ocular testimony of these witnesses does not find corroboration from medical evidence.
6. The appraisal of evidence undertaken by the learned Judge in Chambers of the High Court for recording findings of acquittal does not suffer from any legal infirmity such as misreading or non- reading of any material piece of evidence, therefore, in our considered view, the impugned judgment does not suffer from any illegality.
7. Resultantly this petition is dismissed and .