' AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 11-5-1993 passed by a learned Single Judge of the Lahore High Court in Criminal Acquittal Appeal No,981 of 1991 filed by the State against the. Acquittal order dated 9-9-1991 recorded by the learned Magistrate, acquitting, inter alia the present petitioners who were charged under section 307/148/149/109, P.P.C. For having committed murderous assault upon Aftab Ahmad P.W.1, a practicing Advocate and one Muhammad Zaman, allowing the same in the following terms:-- "Upshot of the above discussion is that the prosecution has brought guilt home to respondents Nos.1 to 7 but the trial Magistrate fell into grave error by acquitting them of the charge causing failure of justice. I, therefore, hold respondents Nigah Hussain, (2) Mehmood Ahmad, (3) Nisar Ahmad, (4) Firdausi, (5) Javed Akmal, (6) Nazar Hussain and (7) Ghazanfar Ali guilty of the offences under section 148/149/307, P.P.C. Thus, on the charge under section 148, P.P.C. Each of the respondents, named above, shall suffer rigorous imprisonment for a term of one years On the charge under section 307, P.P.C., I hold that it was a sensational, brutal and desperate attack as a result whereof Aftab Ahmad P.W.1 lost his leg, and thus, there are no mitigating circumstances in this case. In this view of the matter, respondents Nigah Hussain Shah and Mehmood Ahmad do not deserve any leniency, therefore, both of them are convicted and sentenced to undergo rigorous imprisonment for ten years each, and to pay the fine amounting to Rs,50,000 (fifty thousand each) or in default thereof, to further undergo rigorous imprisonment for one year each. As far as remaining five respondents co-accused Nisar Ahmad, Firdous, Javed Aktnal, Nazar Hussain Shah and Ghazanfar Ali are concerned, each of them is further sentenced to undergo rigorous imprisonment for seven years under section 307/149, They are further directed to pay fine of Rupees twenty-five thousand (Rs,25,000) each or in default thereof to further undergo rigorous imprisonment for one year each. Out of the amount of fine, if recovered, Rupees one hundred thousand (Rs,1,00,000) shall be paid to Aftab Ahmad P.W.1 the injured victim. Similarly, an amount of Rupees twenty-five thousand (Rs,25,000) shall also be paid to the other injured P.W. Namely Muhammad Zaman as compensation. Sentences shall run concurrently. Respondents convicts shall be taken into custody forthwith to serve out their respective sentences."
' The above petitioners who are five in number have filed present petition for leave to appeal.
2. We have heard the arguments of Mr. Munir Ahmad, learned Advocate Supreme Court for the petitioners and Qazi M. Saleem, and learned Advocate Supreme Court for the complainant party/caveat or. we feel that since the petitioners have been convicted by the High Court, they may be granted leave so that this Court may reappraise the evidence and ascertain, whether the conviction of the petitioners was warranted in an acquittal appeal.
' Leave is accordingly granted.