1. ' GHULAM MUJADDID, J.--The respondents were convicted by the trial Court under section 302/149, P.P.C. And sentenced to death with fine of Rs,10,000 each as well as compensation amounting to Rs,10,000 each. They were also held guilty under section 148, P.P.C. And sentenced to three years, R.I.
2. Each.
3. ' On appeal the High Court acquitted all of them. Petitioner now seeks leave to appeal against the aforesaid judgment.
4. ' Learned counsel for the petitioner submitted that case against the respondents had been proved beyond doubt. The High Court, therefore, erred in law in letting them off. The judgment as such is not legally maintainable.
5. ' We don't agree with this because the High Court after discussing the entire evidence found that the eye-witnesses were related to the deceased; the parties were litigating both on civil as well as criminal side. It was for the foregoing reasons that the appeal was allowed.
6. ' However, we think that so far as the acquittal of Muhammad Yaqub, Iftikhar, Muhammad Hanif and Ghulam Ali is concerned that was justified in law. The petition qua them is dismissed.
7. We are inclined to grant leave to appeal against Abdul respondent because against him not only that there is ocular evidence but the same finds corroboration from other unimpeachable independent evidence, so his case needs examination.
8. ' Non-bailable warrants of arrest to issue against Abdul respondent.
9. Learned counsel verbally requested for his bail. This request is turned down. Learned counsel if he so wishes may apply for the bail at proper time after arrest.