1. ' GHULAM MUJADDID, J.--Two separate petitons (Cr.P.2-R/89 and 17--R/89) for special leave to appeal have been filed against the judgment of the Lahore High Court, Rawlapindi Bench dated 28-11-1988. In the former the petitioner wants the impugned judgment to be set aside and he acquitted of the murder charge. The latter is by the complainant who lodged report with regard to the murder of his brother Zafar Iqbal which took place on 8-8-1984 after Maghrab prayer in the area of village Majhia, tehsil Fateh Jang, District Attock. He is aggrieved by the judgment to the extent that the High Court erred in law in commuting the death sentence to imprisonment for life.
2. He, therefore, wants the same to be enhanced.
3. ' We have heard learned counsel in both the petitions.
4. ' In the case of Muhammad Nawaz, learned counsel submitted that the medical evidence belied the ocular version; hence there was no sufficient evidence in law to maintain the conviction of the petitioner. In this sequence he drew our attention to the post-mortem report of the deceased where the doctor who performed autopsy found 21 pieces of pellets beneath injuries Nos. 2, 6, 8 and were handed over to the police in a sealed bottle.
5. It was submitted that the weapon alleged to have been used by the petitioner was pistol. It is thus obvious that there was a material contradiction in the ocular version and the medical evidence.
6. This aspect was not properly appreciated by the High Court.
7. ' The contention is not devoid of force. We, therefore, grant leave to appeal to examine the aforesaid aspect.
8. ' So far as the other petition is concerned, this is barred by 443 days. It merits dismissal on this ground alone. Nevertheless, we are of the view that even, otherwise, there is no merit in this petition