' SARDAR MUHAMMAD RAZA KHAN, J.---Muhammad Ali son of Allah Yar through this jail petition seeks leave to appeal from the judgment dated 19-4-2006, whereby, his conviction under sections 302(b)/149, P.P.C. And sentence of death stood confirmed.
2. It refers to F.I.R. No,338 dated 17-9-1997 of Police Station Saddar Renala Khurd District Okara, lodged by one Amjad Ali whose father Ghazi Khan got murdered during the transaction. To be very brief, the complainant party on the relevant day was going to city in a Toyota Hiace Pick-up No,BHA-314 when at 9-15 a.m. It was stopped by Muhammad Nawaz who, along with his companions Noor, Riaz, Akram and Muhammad Ali (the present petitioner), forcibly pulled Ghazi Khan down from the vehicle and killed him.
3. Each of the five assailants have been attributed distinct and specific role of causing different injuries on the person of the deceased. Included therein and placed in sequential narration, is the role attributed to the petitioner Muhammad Ali alias Mammo. In the given circumstances, it needs to be thoroughly scrutinized as to how the A remaining four accused on the basis of same evidence got acquitted while the only one to be convicted was the petitioner. The evidence in this behalf needs to be reappraised, lest it might have fallen short of principles laid down for the appreciation of evidence in criminal justice. Leave to appeal is accordingly granted, inter alia, to reappraise the evidence on record.