' IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J.--- In this petition acquittal of Muhammad Bakhsh alias Kali recorded by the Lahore High Court, Multan Bench, has been assailed with the prayer to grant leave to appeal.
2. Precisely stating the prosecution case is that the respondent along with two others namely Khushi Muhammad (since died) and Saifullah faced trial vide F.I.R. No,215 of 1998 (Exh.P.K.) lodged by complainant Irshad Muhammad for murders of two persons namely Muhammad Ibrahim and Muhammad Iqbal. The learned trial Court after completion of trial found them guilty for the commission of offence as such they were awarded death sentence on two counts with direction to pay Rs,30,000 on each count to the heirs of deceased and to undergo 6 months' S.I. In default of payment of compensation. Learned High Court, in appeal, affirmed the death sentence of Khushi Muhammad and Saifullah whereas Muhammad Bakhsh alias Kali respondent was acquitted of the charge.
3. Learned counsel for the petitioner contended that sufficient incriminating evidence has been brought on record to establish guilt of the respondent but he has been acquitted by the learned High Court without any strong justification. It may be noted that the learned High Court on taking into consideration the prosecution evidence has acquitted respondent Muhammad Bakhsh alias Kali not guilty for the offence. The learned High Court discussed the evidence and formed opinion in his favor without omitting to take into consideration any piece of evidence, therefore, in such-like situation it is not possible for us to interfere in the impugned judgment following the law which has been laid down in the case of Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11.
4. Thus, for the foregoing reasons, petition is dismissed.