' MUKHTAR AHMED JUNEJO, J.---Leave to appeal is sought against the judgment dated 28-2-1993 by a learned Division Bench of the Lahore High Court maintaining conviction of petitioners.
Muhammad Tufail, Muhammad Zubair and Qasim.
2. Present petitioners were tried with their co-accused Subah Sadiq, Allah Yar and Muhammad Anwar in the Court of Additional Sessions Judge, Okara for having committed murder of Sarfraz Khan on 7-10-1987 at 8-00 p.m. And for causing disappearance of his dead body by throwing the same in B.S. Link Canal.
3. The report about the incident was lodged with police by P.W. 7 Muhammad Aslam uncle of the deceased, who claimed to have witnessed the incident with P.W. 8 Muhammad Amin, while accompanying deceased Sarfraz Khan, at place near Caution Head of Railway Station Gulsher.
During the incident petitioner Muhammad Tufail raised "Lalkara" and fired at Sarfraz Khan, who was also fired at by petitioners Muhammad Zubair and Qasim. Sarfraz Khan received the gunshots and died at the spot. His dead body was taken to B.S. Link Canal where it was thrown in waters, despite request by the eye-witnesses to release the same. The motive for the offence, as per Muhammad Aslam, was civil litigation between the deceased and co-accused Allah Yar, Subah Sadiq and Muhammad Anwar which had gone up to the High Court where stay application of the co-accused was dismissed. After due investigation the co-accused were also challenged alongwith the petitioner.
4. After recording the prosecution evidence and examining the petitioners and the co-accused, the learned trial Court, under a judgment dated 19-8-1990, acquitted the co-accused and convicted the petitioners for the offences punishable under section 302/34, P.P.C. And under section 201/34, P.P.C. And sentenced them to death besides R.I. For six months. The petitioners were also sentenced to pay fine. The High Court while hearing the appeal and the reference under section 374, Cr.P.C.
Maintained the conviction and the sentence of fine, but altered the death sentence of each petitioner to imprisonment for life, under the impugned judgment dated 28-2-1993. Hence this petition.
5. Syed Sajjad Raza Jafri, learned counsel for the petitioners argued that ocular evidence against the petitioners was not independent and, as such, it required corroboration which was not available in the case. He contended that police had failed to recover the dead body of deceased Sarfraz Khan. It was also argued that trail of blood cannot be visible for a distance of about one ' furlong even if the dead body was dragged for such a distance and that the night of the incident was dark and the assailants could not have been identified.
6. The contentions raised by the learned counsel for the petitioners require consideration. Leave to appeal is therefore granted.