1. ' GHULAM MUJADDID, J.--Two separate petitions for leave to appeal have been filed against the judgment of the Lahore High Court dated 13-7-1987. The frist (Cr.P. 288/87) is by Abdul Hameed.
2. This is against the acquittal of Mohammad Aslam from the charge of murder. The other (Cr.P.
3. 300/87) is by Mohammad Younas who has been condemned to death.
4. ' Both the petitions pertain to an occurrence in which Roshan Din was killed. The incident took place on 21-6-82 at 6.45 a.m. In Siddique Colony, Khuda Bakhsh Road, Nawan Kot, Lahore, 1=1/2 km distant from Police Station Nawan Kot.
5. ' Abdul Hameed lodged the report on the same day within about an hour of the occurrence. It was recorded by H.C. Abdur Rehman.
6. ' The prosecution case is that Abdul Hameed alias Boota was residing with his brother-in-law Roshan Din deceased in Siddique Colony. Roshan Din was an Assistant in the State Life Insurance Corporation, Lytton Road, Lahore.
7. ' Mohammad Younas alias Billa petitioner in Cr.P. 300/87, cousin of the complainant, lived with the complainant and the deceased for two years. Mohammad Younas was not enjoying good reputation. He committed thefts. He was turned out by Roshan Din. Younas felt offended. He was more annoyed when Roshan Din refused to concede to his request for money. Younas threatened Roshan Din to kill.
8. ' On the day of occurrence the complainant left his house on his Rickshaw. Roshan Din started for his duty on motorcycle. He was ahead of the complainant. When Roshan Din reached the house of Mohammad Arif at Khuda Bakhsh Road, Mohammad Younas and Mohammad Aslam accused who were present there armed with daggers pounced upon him. Roshan Din was injured. He left his motorcycle and ran for life. The accused chased him. He was caught near the shop of Mohammad Yasin and was given more injuries. Complainant tried to intervene. Haji Khushi Mohammad and Malik Barkat Ali and others came there. The accused took to their heels. Roshan Din died, at the spot.
9. On appeal, the High Court acquitted Mohammad Aslam on the ground that his identity was doubtful. After discussing the relevant evidence pertaining to Mohammad Aslam High Court was of the view that the testimony of Abdul Hameed complainant did not inspire confidence.
10. With regard to the other accused (Mohammad Younas) there was overwhelming evidence connecting him with the murder and there was no element of doubt in his case and in the absence of any extenuating circumstance he was accordingly sentenced to death.
11. We called upon the learned counsel to explain why an identification parade was not held which could be a very strong evidence against Mohammad Aslam. He was unable to give any explanation nor was he able to advance any effective argument to challenge the acquittal of this respondent by the High Court.
12. ' We have also heard learned counsel for Mohammad Younas accused-petitioner. As already observed, case against him has been proved beyond any doubt. His conviction and sentence was, therefore, rightly upheld by the High Court.
13. ' Both the petitions are accordingly dismissed.