ASLAM RIAZ HUSSAIN, J.--This order will dispose of Crl. PSLA No.16/81 and 17/81 both filed by Muhammad Akbar petitioner against the acquittal of the respondents.
2. Facts giving rise to these petitions are, briefly that 7 persons namely:
1. Haji Wahid Bakhsh
2. Waryam
3. Atta Muhammad 4.Bashir Ahmad
5. Zulfiqar
6. Muhammad Afzal, and
7. Muhammad Aslam, were tried for the murder of Muhammad Abdullah and Muhammad Kaswar, which took place on the night between 15th and 16th of September, 1977. The learned trial court by its judgment dated 11-10-1978, respondents 4 to 7 were convicted and sentenced to death under section 302/34 PPC it convicted and sentenced the remaining respondents to imprisonment for life.
The convicts filed an appeal against their conviction and sentence before the High Court while Muhammad Akbar complainant-- petitioner filed a revision petition for the enhancement of the sentences awarded to Wahid Bakhsh, Waryam and Atta Muhammad.
The learned High Court vide its judgment dated 24-11-1980 accepted the appeal of the respondents and acquitted all the 7 respondents and dismissed the revision filed by Muhammad Akbar complainant for the enhancement of sentences of the accused--respondents.
Hence the present petitions by the complainant.
3. In Cr. PSLA No.16/81 the complainant seeks leave to appeal against the judgment of the High Court with a view to get the acquittal of respondents 1 to 7 of the charge under section 302/34 PPC, set aside. Through Cr. PSLA No. 17/81 he seeks enhancement of the sentences of Wahid Bakhsh, Waryam and Atta Muhammad in case acquittal of the charge under section. 302/34 PPC is set aside).
4. We have gone through the impugned judgment and heard the learned counsel for the petitioner at considerable length. We are inclined to agree with the reasons recorded by a learned Division Bench of the High Court for acquitting the 7 respondents-accused and do not, therefore, consider it a fit case for interference by this Court. Cr. PSLA No. 16/81 is, therefore, dismissed. .
5. Since Cr. PSLA No.16/81 against acquittal of the 7 respondents has been dismissed, the petition for enhancement of the sentences of the 3 respondents (in Crl. PSLA No. 17/81) has become infructuous and is consequently dismissed as such.