' SHAFIUR RAHMAN, J.---The two convicts and the complainant by two separate petitions seek leave to appeal against the judgment of the Lahore High Court dated 13-4-1993, whereby the conviction of petitioners in Cr.P.LA. No, 231-L of 1993 (Khalil Ahmed and Muhammad Yasin) under section 302/34, P.P.C. And of Khalil Ahmed (petitioner No, 1 in Cr.P.LA. No, 231-L/93) under section 411, P.P.C.
Was maintained while Muhammad Hussain (respondent No, 1 in Cr.P.L.A, No, 325-L of 1993) was acquitted.
2. As the petition filed by the complainant Muhammad Ibrahim (Cr.P.L.A. No, 325-L of 1993) against the acquittal of Muhammad Hussain is shown to be barred by 23 days for which the explanation furnished is not satisfactory, leave to appeal is refused in the same.
3. As regards the petition for leave to appeal filed by the convicts (Cr.P.LA. No, 231-L of 1993), we find that the main eye-witness and the complainant in the case namely, Muhammad Ibrahim (P.W.1) has on oath denied certain facts which are prima facie established by documents filed in defence with regard to the previous implication of the deceased Muhammad Amin alias Munshi in various cases and the enmities. Besides, the medical evidence is not in conformity with the ocular evidence and the recoveries of seven empties from the spot. These factors necessitate a reappraisal of the entire evidence with a view to ensure the same administration of criminal justice.
Hence, leave to appeal is granted to the convicts-petitioners in Cr.P.L.A. No, 231-L of 1993.