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MUHAMMAD AFZAL LONE, J.---This order shall dispose of Cr. P. No. 390 /L/ 92 and J. P. No.162/L/92, filed by Ghulam Hussain complainant in a murder case and Muhammad Nasir convict respectively. Muhammad Nasir petitioner-convict alongwith Zahoor Ahmad and two others was tried under section 302/34, P.P.C., for committing the murder of the complainant's brother, namely, Muhammad Afzal. The learned Additional Sessions Judge, Jhang, sentenced Muhammad Nasir to death and awarded life imprisonment to Zahoor Ahmad. He, however, acquitted the co-accused. Besides this, the convicts were also sentenced to pay fine and compensation to the heirs of the deceased. The High Court did not confirm the death sentence of Muhammad Nasir and altered it to life imprisonment on the ground that at the time of commission of offence he was only 16 years old; motive for occurrence was not proved and that he might have acted under the influence of his elders. As regards Zahoor Ahmad he was given the benefit of doubt and acquitted.

1. The complainant has assailed the acquittal of Zahoor Ahmad and alteration of death sentence awarded to Muhammad Nasir into life imprisonment. It is argued that the High Court fully relied upon deposition of the two eye-witnesses i.e., Ghulam Hussain (P.W.4) and Ahmad Bakhsh (P.W.3), who entirely inculpated Muhammad Nasir and, therefore, he was rightly awarded capital punishment by the trial Court; the High Court erred to interfere therewith. The learned Counsel has been confronted with the reasons, which weighed with the learned- Judges of the High Court in awarding lesser sentence to Muhammad Nasir convict-petitioner, and he could not create any dent therein. Indeed the considerations which influenced the decision of the High Court in awarding life imprisonment are well-grounded and in the background of the case the discretion exercised by the learned Judges is in conformity with the accepted principles of safe administration of criminal justice. Criminal Petition No.390/L/92 merits dismissal.