' IFTIKHAR MUHAMMAD CHAUDHRY, J.--- These petitions for leave to appeal have been filed against the judgment, dated 18th February, 1999 passed by Lahore High Court, Lahore in Criminal Appeal No,322 of 1991, Criminal Revision No,82 of 1992 and Murder Reference No,499 of 1991.
2. Facts in brief leading to filing of above noted petitions are that an occurrence had taken place on 13th June, 1986 at about 2-30 p.m. In the area of Mustafa Abad about 12 miles from Police Station Luddan of District Vehari, a complaint in respect whereof was lodged by Muhammad Iqbal to the effect that he is a resident of Mustafa Abad and is *a cultivator. On the day of occurrence he was returning home from Mailsi in jeep along with Mushtaq (deceased) Farrukh Mehmood (deceased), Ghulam Haider (deceased), Muhammad Yaqoob (P.W.13) and Muhammad Nawaz (P.W.10). When they reached near the Bhaini of Faqir Muhammad Arain suddenly fire-arm shots were fired at their jeep as a result of which the front left tyre got punctured and even number of bullets had hit the jeep at which Mushtaq (deceased) stopped the jeep and all the occupants of the said jeep came out of the same and started running to save their lives. The complainant also .Hide himself under the jeep. He also added that he saw Sikandar armed with a .303 rifle, Manik armed with a .12 bore gun, Abdul Ghaffar also armed with a local gun, Khuda Bukhsh, Zahoor, Ghulam Qadir, Bahadur, Abdul Ghaffar son of Shahamad, Hashim, Qasim and Shahmand armed with hatchets and Hakim and Sultan armed with Dangs sitting in the ambush. After a Lalkara raised by these accused person, Sikandar appellant fired a shot which hit the face of Mushtaq deceased who was followed by Hassan appellant who fired a shot which landed on the front right chest of Farrukh deceased and who was then followed by Khuda Bukhsh appellant who inflicted a hatchet blow on the head of Ghulam Haider deceased whereafter the assailants armed with fire-arms resorted to indiscriminate firing as a result of which Mushtaq, Farrukh, Ghulam Haider, Nawaz and Yaqoob fell down injured. The complainant had further alleged that Khuda Bukhsh, Zahoor, Ghulam Qadir, Bahadur, Abdul Ghaffar, Hashim and Qasim then inflicted hatchet blows on the person of Farrukh deceased and Nawaz and Yaqoob P.Ws. The complainant had further disclosed that Mushtaq, Farrukh and Yaqoob P.Ws. Had received serious injuries on their persons. The complainant had also mentioned that in the meantime Mushtaq Ahmad, Inspector (P. W.18) had reached the spot heating the report of fire-arms and had apprehended Sikandar, Bahadur, Zahoor and Abdul Ghaffar, and Yaqoob accused at the place of occurrence along with their respective weapons of offence, whereas the other accused made their escape good. Motive behind the occurrence was stated as in the year 1983, a sister's son of Sikandar, namely Dur Muhammad Khand was murdered and the two brothers of Muhammad Iqbal complainant namely Mushtaq (deceased) and Gulzar were accused of the said murder out of whom Mushtaq deceased had secured his acquittal. This, according to complainant, induced the members of. Khand brotherhood to launch an attack on the complainant party and about the grievance of the members of the Arain brotherhood amongst the accused persons, it was mentioned that in a land dispute, the complainant party used to help one Allah Ditta Arain while Shahamand accused and other Arain accused persons used to oppose him. On completion of usual investigation all the accused persons were sent up to face trial. As they did not plead guilty to the charge read over to them, therefore, prosecution led evidence to substantiate accusation against them. Learned trial Court vide its judgment, dated 21st October, 1991, after having gone through the evidence and hearing both the sides, acquitted Manik, Abdul Ghaffar son of Khuda Bukhsh, Yaqoob Shahamand, Hakim and Sultan, whereas convicted Sikandar, Hassan, Khuda Bukhsh, Bahadur, Ghulam Qadir, Zahoor, Hashim Qasim and Abdul Ghaffar son of Shahamand. Upon their conviction under section 148, P.P.C. Each of them was sentenced to undergo one year's R.I. Pursuant to their conviction under section 307/149, P.P.C. Each of them was sentenced to suffer seven years' R.I. With fine of Rs,1,000 each or one year's R.I. And in case of default in payment of fine to undergo further R.I. For one year. Accused Sikandar, Hassan and Khuda Bukhsh were further convicted under section 302/149, P.P.C. And sentenced to death whereas remaining accused namely Bahadur, Ghulam Qadir, Zahoor Hashim, Qasim and Abdul Ghaffar son of Shahmand were sentenced to undergo imprisonment for life. On the murder charge each of them was also punished with a fine of Rs,15,000 or in default whereof to undergo two years' R.I. They were also directed to pay Rs,15,000 each as compensation to the legal heirs of the deceased or to undergo six months' R.I. In default thereof. Feeling dissatisfied all the accused persons approached to the Lahore High Court, Lahore by filing appeals. A murder reference was also sent by the trial Court for confirmation or otherwise of death sentence awarded to three accused. Sher Muhammad,Abdur Rab and Muhammad Yaqoob, being dissatisfied from acquittal of accused Manik, Abdul Ghaffar son of Khuda Bukhsh, Muhammad Yaqoob, Shahmand and Sultan accused Sher Muhammad, Abdur Rab and Muhammad Yaqoob, also filed appeal. Learned High Court, after having gone through the entire evidence produced by the parties, vide judgment dated 18th February, 1999, maintained the convictions/sentences of accused Sikandar, Hassan, Khuda Bukhsh, Bahadur, Zahoor and Hashim but acquitted Ghulam Qadir, Qasim and Abdul Ghaffar for giving them benefit of doubt. As such Criminal Petitions Nos.147-L and 168-L of 1999 have been filed by accused Hassan, Sikandar and Khuda Bukhsh against their conviction and sentence whereas Criminal Petitions Nos.156-L and 157-L of 1999 have been filed by Sher Muhammad against acquittal of Ghulam Qadir etc. And Abdul Ghaffar, etc.
3. We have heard learned counsel for the parties and have also gone through the material available on record carefully. In our opinion petitioners Sikandar son of Allah Bakhsh, Khuda Bukhsh son of Allah Ditta and Hassan son of Shahmand have made out a case for grant of leave to appeal for the purpose of reappraisal of evidence in the interest of justice particularly in view of the fact that some of the accused who were apprehended at the spot along with accused Sikandar have been acquitted of the charge either by the trial Court or by the High Court, whereas he has been convicted for the offence charged against him. It is to be seen that main reason prevailed upon the learned trial Court and High Court to found him guilty for the commission of the offence is that a .303 rifle was recovered from his possession which otherwise could not be treated as crime weapon in absence of recovery of bullets of .303 and positive Fire-arms Expert report. Similarly so far as the case of Khuda Bukhsh petitioner is concerned, he was stated to be arrested on 16th June, 1986 as per statement of P.W. Muhammad Saadullah Khan but incriminating crime weapon was recovered from him on 5th July, 1986, much beyond the period of police remand thus; prima facie, his involvement in the commission of offence has become doubtful. Likewise no incriminating article has been recovered from accused Hassan but without any corroboration he has been convicted.
4. As far as petitions filed by the complainant against acquittal of the respondents Ghulam Qadir, Qasim and Abdul Ghaffar are concerned, questions involved in these petitions are required to be examined in depth for the purpose of safe administration of justice as it has been pointed out that some of the accused were apprehended at the spot and crime weapons were also recovered from them but they have been acquitted of the charge, therefore, in these petitions as well, leave to appeal is granted.
5. Office is directed to issue bailable warrants of arrest of respondents Ghulam Qadir, Qasim and Abdul Ghaffar in the sum of Rs,1,00,000 (Rupees one lac) returnable to the District and Sessions Judge, Vehari.
5-A. In pursuance of our earlier order, dated 5th March, 2002, office has submitted a report that no Jail Petition has been filed by Zahoor, Bahadur and Hasham. However, office is directed to send a letter to the Superintendent New Central Jail, Multan with direction to him to inquire from the convicts as to whether they have filed any Jail Petition or not. If any Jail Petition had been filed by them and is pending for decision, office may fix the same along with criminal appeal ls arising out of above noted criminal petitions on an early date.