1. ' MUHAMMAD YAQUB ALI, J.-Qaimuddin, petitioner, seeks leave to appeal from the order passed by a Division Bench of the High Court of Sind & Baiuchistan, Karachi, on 17th May 1974, acquitting, on appeal, Pehalwan, Luqman, Sanwan and Dur Muhammad, respondents Nos. 1 to 5 of the charge of murdering their co-villager, Ismail.
2. There was no ocular evidence in the case bat the prosecution relied on extra-judicial confession by the respondents, retracted judicial concession by three of them and recovery of a revolver and 3 lathis from the respondents. The judicial confessions were completely self-exculpatory while the recoveries were of no value. The deceased had suffered no fire-arm injury while the lathis ware not found to be stained with blood. Similarly the extra-judicial confessions were liable to be rejected as they were made to one Usman who was not examined during the trial.
3. ' It is mentioned in the High Court judgment that neither the Public Prosecutor in the trial Court nor the learned counsel who appeared for the state before the Division Bench supported the conviction.
4. ' A counter-case was registered earlier at the instance of Luqman, respondent, under sections 383 and 457, P. P. C. The deceased was allegedly engaged in committing theft in the house of Luqman when he was given beating which resulted in his death. The dead body of Ismail was found near the house of Lug man and there was a breach in the wall through which he had made entry. The accused in the counter-case were acquitted and the trial Judge used this circumstances against the respondents which undoubtedly was an erroneous approach.
5. ' In the facts stated above, there is no ground for granting leave to appeal. The petition is dismissed.