' KHALIL-UR-REHMAN RAMDAY, J.--- This petition filed by Riaz complainant is diiected against a judgment dated 26-9-2001 of the Lahore High Court passed in Crl. Appeal No,511 of 2000 as a result whereof the four respondents, namely, Khalid, Abid Manzoor and Zafar were acquitted of the charges under sections 302/324/148/149, P.P.C. With respect to the murder of one Khan Muhammad and murderous assault on Manzoor P.W.
2. Six persons i,e, the four respondents before us and Safdar and Ashiq were tried by a learned Additional Sessions Judge at Sargodha on the said charges who vide his judgment, dated 25-3- 2000 acquitted the said Safdar and Ashiq but convicted the four respondents for the murder of the said Khan Muhammad and for attempting to commit the Qatl-eAmd of Manzoor P.W. As has been mentioned above, pursuant to the appeal filed by the four respondents, they had also been acquitted of the said charges through the impugned judgment.
3. The learned counsel for the petitioner submitted at the very outset that he would not press this petition to the extent of Khalid Pervaiz and Zafar Abbas respondents. This petition to the said extent is, therefore, dismissed.
4. So far as the other two respondents, namely, Abid and Manzoor are concerned, they were allegedly armed with a .7 mm and a .222 rifle respectively at the time of occurrence and were accused of having fired simultaneously at Muhammad Khan deceased which shots had landed at his right buttock. Benefit of doubt was extended to them by the High Court essentially on the ground that the two injuries found on the right buttock of the said deceased carried the same dimensions; that the said injuries appeared to have been caused by pellets and not by bullets; that Dr. Hussain Ahmad (P.W.5) had admitted in his cross-examination that there was a possibility of the said two injuries being the result of the same one shot if fired from a distance of more than 10 feet; that the eyewitnesses had admitted that these two respondents had fired at the deceased from a distance of about 10 Karams i,e,. About 50 feet; that the two injuries were only 1-1/2 or 2 inches apart from each other; that no crime-empty had been recovered from the spot and no alleged bullet fired by the two respondents had been found from inside the body of the deceased because the two injuries in question did not have wounds of, exit; that no fire-arm weapons had been recovered from or at the instance of the said two respondents and that in the circumstances it could not be said that the prosecution had proved its case against the two respondents beyond all doubts.
5. We have heard the learned counsel for the petitioner at some length vis-a-viz Abid and Manzoor respondents. He has not been able to show that the conclusion reached by the Honourable High Court were not based on the evidence available on record or that the findings in question reached by the High Court were perverse or arbitrary.
6. In this view of the matter, we find that no exception could be taken to the acquittal recorded by the High Court in favor of Abid and Manzoor respondents. This petition is, therefore, dismissed even to the extent of these two respondents and .
Leave declined.