' NASIR-UL-MULK, J.---Six persons, Ashiq Hussain, Khaliq, Hamid, Rafi, Nazar Hussain, Allah Wasaya and an unknown person, were nominated for the murder of Ghulam Nabi, in F.I.R No, 94 of 2003, registered at Police Station Seetpur, under sections 148/452/ 302/324/149, P.P.C. Lodged by Khadim Hussain, son of the deceased. The trial Court convicted the petitioner under sections 302(b)/34 with fine and sentenced him to death. The co-accused, Allah Wasaya, was also convicted under section 302(b)/34, P.P.C. And sentenced to imprisonment for life. The other two co-accused, Nazar Hussain and Hamid, were acquitted by the trial Court. Both the convicts filed appeals against their conviction and sentences before the Lahore High Court. Their appeals were dismissed. Ashiq Hussain alone has assailed his conviction and sentence.
2. In view of the arguments of Mr. M. Zanian Bhatti, Advocate Supreme Court appearing for the petitioner, that the occurrence had taken place in the middle of the night in the house of the deceased, when the complainant and other inmates of the house were asleep and that the other co-accused were either acquitted or given lesser punishment on the same evidence. We grant leave to appeal to reappraise the evidence.