' FAZAL ILAHI KHAN, J.---Shah Jehan son of Allah Bakhsh resident of village Arah Tehsil and District D.I. Khan was tried by learned Sessions Judge, D.I. Khan for the murder of his wife Mst. Harifa, in case F.I.R. No,251 dated 7-10-1991 of Police Station Saddar, D.I. Khan and on conviction sentenced to death vide judgment dated 8-5-1993, subject to confirmation, under section 302, P.P.C. The convict's Appeal No,7 of 1993 and the murder reference came for hearing before Peshawar High Court Circuit Bench, D.I. Khan and the learned High Court vide judgment dated 16-10-1993 accepted the appeal, set aside the conviction and acquitted the accused-respondent of the charge.
2. Leave to appeal is prayed for inter alia on the grounds that it was a case of sole accused charged for the murder of his wife inside the house and that the occurrence was witnessed by the complainant, father of the deceased, and the real mother of the accused-respondent, who was also injured, as is evident from the medical certificate available on the file. That in absence of any doubt about the misidentify of the accused-respondent and in view of the ocular evidence supported by the medical evidence furnished by the doctor, the motive, the rs retracted confession and other circumstantial evidence whether the High Court was legally justified in extending the benefit of doubt to the accused. Leave is granted to consider the above submissions.
' Bail able warrant in the sum of Rs,20,000 (Twenty thousand) with two sureties, returnable to the District Magistrate, D.I. Khan be issued against the accused-respondent.