' IFTIKHAR MUHAMMAD CHAUDHRY, J.--- These petitions have arisen out of the judgment of the Lahore High Court, Lahore, dated 23rd April, 2002, whereby the death sentence of Muhammad Akram Rahi, awarded to him by the trial Court (Special Court Anti-Terrorism Faisalabad) vide judgment, dated 22-6-1998 has been confirmed whereas death sentence of co-accused Qari Muhammad Ayaz has been converted into life imprisonment on partially accepting Murder Reference No,198-T of 1998 and disposing of appeal filed by them against conviction/ sentence accordingly.
2. The facts necessary for disposal of the petition are that in pursuance of F.I.R. Dated 17th May, 1996 a case under sections 302, 324/34/109, P.P.C. Was registered at Police Station Peoples Colony, Faisalabad alleging therein that the accused persons whose description were mentioned in the F.I.R. Entered into the house of Dr. Bashir Ahmad and in the T.V. Lounge of the house committed murder of Mst. Altaf Bashir, wife of Dr. Bashir Ahmad and also caused injuries to the petitioner (complainant) Dr. Bashir Ahmad and P.W. Muhammad Hafeez Javaid (brother of the petitioner Dr. Bashir Ahmad). Accordingly after the registration of the case investigation was conducted and at a subsequent stage accused persons were arrested on 15th February, 1997 when they were brought out of the Central Jail, Faisalabad by P.W. Zafar Ali, S.-I. Where they were lodged in connection with some other case. It is noteworthy that before their formal arrest they were put to identification test parade on 28th January, 1997. Later on learned trial Court on completion of trial found them guilty for the offences charged against them. They preferred appeals challenging their conviction and sentence, simultaneously Murder Reference was also sent by the trial Court to learned High Court for confirmation or otherwise of the death sentence. Revision was also filed by complainant Dr. Bashir Ahmad for enhancement of compensation and fine and for separately convicting them on two counts for causing injuries to the P. Ws. Learned High Court dismissed the revision petition filed by the complainant and confirmed the death sentence of one of the convicts Muhammad Akram Rahi, whereas the sentence of Qari Muhammad Ayaz was converted into life imprisonment vide impugned judgment.
3. Learned counsel appearing in jail petition on behalf of petitioner Muhammad Akram Rahi stated that prosecution case is full of doubts and there is no reliable evidence on record to maintain the conviction/ sentence awarded to them by the trial Court and partially modified by learned High Court as it has been detailed hereinabove. He also stated that the identification test parade was also not carried out in accordance with law, therefore, it had no evidentiary value but the learned trial Court as well as the High Court believed the same without making reference to the relevant law. It is also one of his grievance that the evidence produced by the prosecution as well as the defence was not appreciated by the High Court keeping in view the recognized principles of appreciation of evidence laid down by the superior Courts.
4. Learned counsel appearing for the complainant contended that the prosecution produced overwhelming evidence warranting death penalty to Muhammad Akram Rahi as well as Qari Muhammad Ayaz but without assigning cogent reasons the sentence of latter has been reduced to life imprisonment. He also stated that the High Court had dismissed the revision filed by the petitioner without any justification.
5. We have heard learned counsel for both the sides and have also gone through the impugned judgment carefully.
6. It is to be noted that in the instant case prosecution case mainly depends upon the identification parade of the accused persons who admittedly were already confined in the District Jail, Faisalabad and before their arrest they were put to identification, inside the jail premises, therefore, for such reasons to re-evaluate the evidence produced by the prosecution to establish accusation against them is called far. Similarly the contentions put forward by the learned counsel for the complainant in the criminal petitions require examination in depth in the interest of justice. Thus, for the foregoing reasons leave to appeal is granted in all listed petitions and delay of five days in filing of Jail Petition No,198 of 2002 is also condoned accordingly.