1. ' TANV1R AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 9-10-2001 of a learned Division Bench of the Lahore High Court, Lahore, whereby the convictions and sentences of respondent No,1, Muhammad Shafique, were converted from section 302, P.P.C. To section 201, P.P.C.
2. And sentenced him to seven years R.I. With a fine of Rs,20,000 or in default to suffer two years' R.I.
3. Benefit of section 382-B. Cr.P.C. Was also extended to him.
4. ' Briefly stated facts of the case are that F.I.R. No,452 was got recorded on 20-11-1994 at 4-10 p.m. At Police Station Jhang Bazar, Faisalabad. It was the case of the complainant that he alongwith Sultan son of Shames was present in the house of Munir Hussain in Firdous Colony, Faisalabad, in connection with some family settlement, when Shah Nawaz, Atta Muhammad and Manzoor Hussain (acquitted accused) alongwith respondent No,1 Muhammad Shafique came there. Shah Nawaz asked Munir Hussain as to why he used to give beating to his sister i.e, wife of Munir Hussain deceased. There was a grappling among the accused and they were separated. On the next day i.e, on 26-11-1994 the complainant alongwith his brother Gulzar Ahmad (P.W.9) came to the house of the deceased to settle the property dispute. However, the deceased could not be found out and in the Baithak they saw stains of blood on the cot as well as on the walls. The complainant suspected some foulplay whereafter he came to know that dead body of the deceased had been transmitted through a wagon by respondent No,1 Muhammad Shafique.
5. ' After usual investigation the challan against the accused was submitted. The prosecution examined 12 witnesses to establish its case. When the accused were examined under section 342, Cr.P.C. They denied their participation. The learned Additional Sessions Judge, Faisalabad, after scanning the evidence brought on record, acquitted Shah Nawaz, Atta Muhammad and Manzoor Hussain accused and sentenced Muhammad Shafique (respondent No,1), to death under section 302, P.P.C.
6. ' Respondent No,1 filed Criminal Appeal No,934 of 1996 in the Lahore High Court, Lahore, assailing his convictions-and sentences while the learned trial Court forwarded aforesaid murder reference for confirmation or otherwise of the death sentence imposed upon respondent No,!.
7. ' A learned Division Bench of the Lahore High Court, Lahore, through its judgment dated 9-10-2001 dismissed the appeal of respondent No,1 by modifying his sentence of death to seven years R.I.
8. From section 302, P.P.C. To section 201, P.P.C. Hence this petition for leave to appeal.
9. We have considered the contentions advanced by the learned counsel for the petitioner and have gone through the documents appended with this petition. It is reflected from the record that dead body of the deceased was found from the house at the pointation of respondent No,1 Muhammad Shafique which was in joint possession of the parties. There is no evidence on record that the house was in his exclusive possession. Apart from this, there is no incriminating evidence against respondentNo,1 except that the dead body was recovered at his pointation. In these circumstances, since there is no other incriminating material available on record against respondent No .1 and the learned counsel for the petitioner in spite of our repeated queries has failed to point out any legal infirmity in the impugned judgment warranting interference by this Court.
10. Resultantly, for the foregoing discussion, the instant petition being without any force is dismissed and . ,