MANZOOR HUSSAIN SIAL, J.---Leave to appeal is sought by the petitioner against judgment dated 22-2-1995 of the Lahore High Court passed in Criminal Appeal No.1261 of 1991; Murder Reference No.525 of 1991 and Criminal Revision No.34 of 1992.
2. Mohabbat Khan son of Mehrban Khan was murdered on 31-3-1989 at 5-30 p.m. Near the Dera of Mehr Khan Police Station Mochh, District Mianwali. The petitioner, his brother Ataullah Khan and his to sons Suba Khan and Shah Jehan were charged for his murder. The petitioner reportedly absconded; he was declared to be a proclaimed offender, whereas other three accused were tried by the Additional Sessions Judge, Mianwali. Shah Jehan and Suba Khan were acquitted on 1-7- 1990. Ataullah was, however, convicted under section 302, P.P.C. And sentenced to imprisonment for life and fine of Rs.10,000; in default to suffer R.I. For one year. He, however, was acquitted, on appeal, by the High Court on 21-9-1992.
3. The petitioner was arrested on 13-7-1990. He was separately tried by the Sessions Judge, Mianwali. As a result of the trial, he was found guilty for the murder of Mohabbat Khan and convicted under section 302, P.P.C. He was awarded death sentence in addition to fine of Rs.1,00,000 or to undergo R.I. For four years.
The petitioner challenged the aforementioned order in appeal before the Lahore High Court which was dismissed vide impugned judgment dated 22-2-1995, referred to above.
4. After hearing learned counsel for petitioner, we grant leave to examine the contention raised by the learned counsel for the petitioner that the ocular evidence furnished by both the eye-witnesses was not considered worthy of credence qua the acquitted co-accused but was relied upon as against the petitioner and awarded death penalty on him.