' SAAD SAOOD JAN, J.--Thirteen persons were put on trial in the Court of the Additional Sessions Judge at Khushab on charges under section 302, read with sections 149 and 148 of the Pakistan Penal Code for causing the death of Muhammad Iqbal deceased and rioting. The learned Additional Sessions Judge acquitted seven of them but convicted Mian Muhammad, Muhammad Hayat, Amir, Falak Sher, Sultan and Sher Muhammad respondents of an offence under section 1.48 and sentenced them to three years imprisonment and fine. He convicted Mian Muhammad alone of an offence under section 302 and sentenced him to suffer death and pay fine. On appeal and reference, the High Court acquitted the respondents of all the charges and set aside their convictions and sentences. The State as well as the widow of the deceased have filed separate petitions to seek leave to appeal from the judgment of the High Court.
2. The occurrence took place on 27-3-1981 at 8 P.M. It was alleged by the prosecution that at the relevant time Muhammad Iqbal deceased was present at his Dera along with Muhammad Bashir.
Suddenly, the respondents alongwith the other accused came there. They were all armed with guns. Mian Muhammad respondent raised a lalkara and fired at the deceased. The deceased was hit on the right shoulder and he fell down. The other respondents then also started firing at him.
After killing the deceased, the respondents and their co-accused left the Dera. The motive for the occurrence was stated to be a suspicion that the deceased was responsible for killing one Sardar Khan about two or three years earlier.
3. The occurrence was reported at Police Station Katha Saghral, two furlongs away from the scene of occurrence, at 8.20 P.M. On the same evening.
4. The post-mortom examination on the body of the deceased was performed by Dr.Muhammad Riaz Ali. The deceased had four fire-arm injuries on his body. Two of these were wounds of entrance while the other two were wounds of exit.
5. The case of the prosecution against the respondents and the co-accused rested entirely upon the ocular testimony furnished by Muhammad Sher (PW9) and Bhai Khan (PW 10). The trial Court did not find their testimony reliable in so far as seven assailants were concerned. Neither the State nor the complainant party challenged their acquittal in the High Court. In its judgment the High Court observed that even though twelve persons were stated to have opened fires at the deceased, yet he was found to be bearing marks of two gunshots. Quite obviously, this was a case where a large number of innocent persons had been involved. In the circumstances, it was not safe to rely upon the ocular testimony without independent corroboration. Since independent corroboration was not available, the High Court was justified in setting aside the convictions and sentences of the respondents. These petitions are without any merit and are hereby dismissed.