' MIAN MUHAMMAD AJMAL, J.---Leave to appeal is sought against the judgment of the Lahore High Court, Lahore, dated 12-4-1999, whereby Criminal Appeal No,219 of 1999 of the petitioner against acquittal of the respondents, was dismissed in limine.
2. Brief facts as per F.I.R., lodged by the petitioner with Police Station, Kotwali, District Jhang, are that on the night between 19th and 20th June, 1998 at about 3-00 a.m., respondents Nos.1 and 2 along with two unknown persons came to his house and knocked- the door. The petitioner saw Tayyab alias Ashraf armed with pistol and Khan Muhammad armed with .12 bore gun along with two unknown armed persons from the upper storey. They started firing at the door which caused holes in it. On hue and cry of the petitioner, his neighbours gathered and the accused decamped from the spot. Accordingly, a case under section 337-H(ii), P.P.C. Was registered against the respondents and two unknown persons, which was later on converted into section 324, P.P.C. During investigation, the police found the respondents innocent and sought for their release. The challan was put in the Court of Magistrate Section 30, Jhang who issued several notices to the complainant and on jiis failure to turn up, acquitted the accused of the charge vide his order, dated 21-12-1998.
The petitioner challenged the said order before the Lahore High Court, Lahore through Criminal Appeal No,219 of 1999, which has been dismissed in limine vide order, dated 12-4-1999, impugned herein.
3. We have heard the learned counsel for the petitioner as well as the learned State Counsel and have gone through the record of the case. Learned counsel for the petitioner failed to offer any plausible explanation for petitioner's absence to prosecute the case. The respondents were found innocent by the police during investigation of the case. Neither section 324, P.P.C. Nor section 337- H(ii), P.P.C. Was attracted to the facts and circumstances of the present case as the offences under the said sections relate to the human body whereas in this case firing has been alleged on the door of the house and no empty has been recovered from the spot. There is no legal infirmity in the impugned judgment, therefore, this petition being devoid of any merit is dismissed and leave refused.