SAAD SAOOD JAN, ACTG. C.J.---On 2-9-1984, Muhammad Khalas deceased and his mother Mst.
Waziran were sleeping in the courtyard of the house of Muhammad Yameen (P.W.9) in village Harnoli, Tehsil Mianwali. According to the prosecution, at 4-15 a.m., the petitioner alongwith his brother Khan Muhammad entered the courtyard. Both were carrying shotguns. They went up to the cost of Muhammad Khalas when the petitioner fired at him. Muhammad Khalas died at the spot.
The petitioner and his brother ran away from the place of the occurrence.
2. The petitioner and his brother were tried on a charge under section 302, Pakistan Penal Code.
They pleaded not guilty and denied that they were responsible for causing death of the deceased.
3. The main evidence against the petitioner was provided by Mst. Waziran and Muhammad Yameen. The trial Court rejected their testimony and acquitted the accused. Muhammad Yamin P.W. 9 filed a revision petition in the High Court. A learned Single Judge accepted the revision petition in so far as the petitioner was concerned and ordered his retrial. The petitioner seeks leave to appeal from this Court.
4. After hearing learned counsel for the petitioner we are in agreement with the view taken by the High Court that the reasons given by the trial Court for rejecting the testimony of the natural witnesses were unsustainable. We are, therefore, not inclined to interfere with the order of the High Court. Leave is refused.