Learned counsel submits that according to the case of prosecution Muhammad Sadiq alias Kali respondent No. 2 was armed with dagger and caused an injury with it on the person of the deceased which proved fatal. Further submits. That Allah Ditta convict who was armed with a sota caused an injury with it on the person of the deceased but there is. No injury with sota. According to the learned, counsel the respondents have been acquitted merely on the opinion of a DSP.
2. So far Abdul Rashid respondent No. 1 is concerned he was attributed lalkara and was also alleged to have taken the deceased into his japha.
3. Taking into consideration the role of Abdul Rashid respondent as also that of Muhammad Sadiq respondent, this petition to the extent of Abdul Rashid is dismissed. So far as Muhammad Sadiq alias Kali is concerned the injury ascribed to him on the person of the deceased exists so we convert this petition into appeal. Notice be issued to Muhammad Sadiq alias Kali to show cause as to why he may not be convicted and sentenced under Section 302(b), PPC if the case is proved against him. Mr. Mazhar Sher Awan, Additional Prosecutor General is present in the Court. He is asked to direct DPO, Kasur to appoint an efficient police officer for the service of Muhammad Sadiq alias Kali, respondent No. 2. Bailable warrants of arrest in the sum of Rs. 50,000/- with one surety returnable to Senior Civil Judge, Kasur shall also against him. To come up on 29.10.2007.