' MUHAMMAD MOOSA KHAN LEGHARI, J.---The petitioner seeks leave to appeal against the judgment dated 4-6-2008 passed by the Lahore High Court, Bahawalpur Bench. By the aforesaid judgment, the conviction and sentence of death awarded to the petitioner by the Additional Sessions Judge, Bahawalpur dated 7-5-2002 under section 302(b), P.P.C. For causing qatl-e-amd of deceased Qamar Hussain was upheld.
2. It is inter alia contended by the learned counsel for the petitioner that admittedly 161, Cr.P.C.
Statement of eye-witness Mumtaz Mai (P.W.1) was recorded after 10 days of the incident and that Zafar Hussain (P.W.2) in his examination-in-chief stated that when he and other witnesses reached on the spot, they saw that deceased Qamar Hussain was lying dead in the wheat crop. Learned counsel has also referred to the recovery memos and the evidence recorded by the Investigation Officer to show that those were manipulated.
' In the given circumstances, we are persuaded to grant leave to re-appraise the evidence for the safe administration of justice.