' MANZOOR HUSSAIN SIAL, J.---The State, through this petition seeks leave to appeal, against judgment dated 24-1-1993, passed by a Division Bench of Lahore High Court (Multan Bench) whereby Criminal Appeal No, 267/92 was dismissed in limine.
2. Muhammad Khan, respondent and five others accused were tried by the Additional Sessions Judge, Dera Ghazi Khan, for the murder of Ghulam Raza, Constable, but vide judgment dated 26-5- 1992, all of them were acquitted.
3. The State, challenged in appeal the judgment of acquittal qua, Muhammad Khan respondent, only in the Lahore High Court which was dismissed as aforementioned. Hence this petition.
4. According to prosecution, a police party of which Ghulam Raza, Constable (deceased) was member raised the house of Muhammad Khan who was accused in a theft case, on 12-6-1991, at 2- 30 a.m. Muhammad Khan came out of the house and fired from his .12 bore gun which hit Ghulam Raza Constable on his chest and he died on the spot.
5. The learned trial Judge, acquitted the respondent and other accused, mainly, on the ground that their identity was not proved. Admittedly the accused were arrested on 27-6-1991, but no identification parade was held to establish their identity as the occurrence had taken place at 2-30 a.m. When there was complete darkness.
6. The learned Judges of the High Court disbelieved the introduction of lantern, by the prosecution as it was not shown to exist in the site plan.
7. We have heard learned counsel for petitioner and gone through the file with his assistance.
Learned counsel has not been able to show that the learned trial Judge or for that matter even, the learned Judges of the High Court, ignored any important piece of evidence or acted contrary to law, in acquitting the respondent by extending benefit of doubt in his favour, which according to him has resulted in miscarriage of justice. This petition is dismissed and .