1. ' SAIDUZZAMAN SIDDIQUI,J.---The petitioners who were tried for committing murder of Mst. Razia Bibi and causing murderous assault on Mst. Anwar Bibi have filed above jail petition seeking leave to appeal against the judgment of Lahore High Court dated 3-6-1992 whereby the learned Judges confirmed the conviction and sentences of both the petitioners awarded by the trial Court.
2. ' The learned counsel for the petitioner in seeking leave to appeal contended before us that the learned Judges of the High Court while confirming conviction and sentences awarded by the trial Court failed to advert to the evidence of the only injured witness in this case namely Mst. Anwar Bibi who did not support the case of prosecution. The entire prosecution case was considered by the learned Judges of Divisional Bench in paragraph 10 of the judgment as follows:-- "Admittedly, there is no background of enmity between the eyewitnesses and the appellants, mere relationship of the eye-witnesses with the deceased per se is no ground to discard their truthful and confidence-inspiring evidence, especially when the ocular version gets ample support from the medical evidence, which further stands fortified by the recovery of blood-stained Chhuri and knife at the instance of Liaquat Ali and Naseer appellants. We approve the findings of the learned trial Judge that the improvements referred above do not impair the quality of the evidence given by these two eye-witnesses, as the improvements are of insignificant nature and occurred due to the lapse of time. The learned Judge rightly observed that the evidence of Mst. Anwar Bibi, impliedly supports the prosecution case, so we dismiss these appeals on merits."
3. The learned Judges of the High Court in their above discussion neither adverted to the defense plea nor considered the effect of the evidence of injured witness Mst. Anwar Bibi, in the case, who did not support the case of prosecution. We accordingly, grant leave to appeal for reappraisal of the evidence in the case keeping in view the principles of safe administration of the justice in criminal cases.