1. ' SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the judgment of the learned Judge in Chambers whereby his appeal against the conviction and sentence passed by the trial Court was dismissed. He was convicted under section 302, P.P.C. And sentenced to imprisonment for life with a fine of Rs,10,000 or in default six months' R.I. Originally six accused were challaned. Five were acquitted by the trial Court and the appeal of the petitioner has been dismissed and thus his conviction and sentence has been maintained.
2. The prosecution case is that on 23-8-1989 complainant Muhammad Akbar and Muhammad Khan and Muhammad Aslam sons of Sher Khan and Mst. Sahib Khatoon wife of Khan Zaman, his sister, were coming back after visiting their relations in Wandha Katey Khelanwala at about 5-00 p.m. When they reached the vicinity of Dera Awanwala, accused Khan Beg, Hakim Khan, Nasrullah, Muhammad Zaman, Shafaullah Khan and Abdul Ghani armed with fire-arms, who were hidding behind a Ghandi, emerged. Khan Beg and Nasrullah raised Lalkara to them that they shall not be spared alive. Simultaneously, Muhammad Zaman fired which hit Mst. Sahib Khatoon on her back on the right side and the shot found its exit from the front of abdomen. The other accused also fired, but did not hit anyone. The accused went towards their houses firing with their respective weapons. The motive was previous enmity between the parties. Mst. Shaib Khatoon died on 24-8- 1989. The learned Judge in Chambers after examining the evidence of the parties rejected the theory of ambushed murderous assault and the recoveries and did not accept the version of the petitioner. The learned Judge concluded that the incident appears "to have sparked off over fetching of water wherein the petitioner caused the fatal shot having the motive to avenge the last murder of Saadullah pending trial which distinguished his case from that of the acquitted co- accused".
2. The learned counsel for the petitioner contended that having rejected the prosecution version, the conviction has been maintained on completely irrelevant consideration and on totally wrong facts.
3. The learned counsel pointed out that the incident occurred on 23-8-1989 while Saadullah was murdered in January 1990 and therefore the reasoning of the learned Judge is contrary to record.
4. Leave is granted to appraise the evidence for safe administration of criminal justice.