1. MUHAMMAD YAQUB ALI, J.-The High Court has set aside the convictions and sentences passed on the respondents under section 302 read with section 149, P. P. C. For the murder of their co-villager A.I Ahmad. On a detailed analysis of the evidence led by the prosecution and the plea of defence raised by the accused the learned Judges observed :- "The above discussion clearly highlights the inability of the prosecution to reconcile the various points arising from the evidence which it is obvious are most material to the case. The prosecution story is also wide open to the defence suggestion that the deceased while coming on a bicycle had been killed by some unknown assailants who had thrown his dead body in the watercourse to conceal the evidence of the crime and that after the dead body and the bicycle of the deceased had been recovered and the assailants could not be traced in spite of effort made with the help of trackers, the appellants had been implicated on mere suspicion. It will be hazardous to rest conviction of the appellants particularly on a capital charge on the evidence as we have-heard."
2. Muhammad Hussain, private complainant; 'seeks leave to appeal from the order of the High Court.
3. The grounds raised, however; go to appreciation of evidence which doss not fall within the ambit of Article 58 of the Constitution. We further find that according to the site plan the two eye-witnesses could not have seen the occurrence as claimed by them during the trial. They were at a distance of 60-70 karams when they allegedly saw the accused persons running away to their Dera towards the North of the field where the deceased was done to death. Between that field and the point where from the eye-witnesses saw the occurrence there was a culvert and the bank of a canal distributor. Both these features were at a higher level from the path along which the eye-witnesses were corning. The killing and dragging of the body of the deceased across the bank of the distributory thus could not be visible to the eye-witnesses. There were also sugarcane fields in between which cut their view. The statements made by the eye-witnesses that they had seen the respondents fleeing towards their dera after dragging the dead body of A.I Ahmad towards the khal was thus open to grave doubt.