MANZOOR AHMAD MALIK, J.---Jail Petition No. 456 of 2015: Learned counsel for the petitioner contends that there is delay of about three hours in the registration of FIR that doctor (PW.5) stated in his cross-examination that death might have been caused twelve hours prior to the post-mortem examination, that it is the case of prosecution that along with the petitioner Waris, co-accused Zafar and Nasir alias Lachoo caused kasi blows on the head of deceased Noor Muhammad whereas co-accused Hakim alias Hako caused a blunt injury on the back of Noor Muhammad (deceased); that the doctor (PW.5) observed that injuries Nos.1, 2 and 3 individually and collectively were sufficient to cause death in ordinary course of nature; that the learned trial court while disbelieving the evidence of complainant (PW.3) and Umer Hayat (PW.4) acquitted co-accused Zafar, Nasir alias.
Lachoo and Hakim alias Hako; that the appeal against acquittal of aforesaid co-accused was dismissed by the learned High Court through the impugned judgment that motive behind the occurrence was disbelieved by the learned High Court and kasi recovered on the pointation of petitioner, was not blood-stained. He vehemently contended that the same set of evidence which has been disbelieved by the learned courts below qua co-accused of the petitioner (since acquitted) cannot be relied to convict the petitioner on a capital charge particularly when there is no independent corroboration.
2. The contentions raised need consideration. Leave to appeal is therefore, granted in this case to reappraise entire evidence available on record for safe administration of justice.
Criminal Petitions Nos.121-L of 2017 and 1304-L of 2015: To be heard along with the appeal arising out of connected jail petition.