1. ' RAJA AFRASIAB KHAN, J.---On 19-8-1988 at 8-20 a.m., a case under section 302/34, P.P.C. was registered with Police Station Kallar Kahar, District Chakwal on the statement of Nasib Khan against Sarwar Khan, Dilasa Khan, Muhammad Nawaz, Mehboob Khan and Astar Khan for the murder of Sarsa Khan. After entering the Haveli the accused while armed raised Lalkara that they would take revenge of the murder of their father and uncle Shahnawaz. The three inmates of the house stood up when Sawar Khan accused fired at Sarsa Khan with his Carbine which hit him on his chest below neck. Muhammad Nawaz and Dilasa Khan fired but did not hit the target. The occurrence was witnessed by Mehboob Khan, Mst. Sardar Bano mother of Sarsa Khan and Muhammad Hussain. An Additional Sessions Judge, Chakwal vide his judgment dated 24-7-1993 convicted Muhammad Nawaz, Dilasa Khan and Sawar Khan under sections 302/34 and 452, P.P.C. while acquitted Mehboob Khan and Astar of the charge. Under section 302, P.P.C. Sawar Khan was sentenced to death and fine of Rs.30,000 or in default to undergo R.I. for two years. Muhammad Nawaz and Dilasa Khan were sentenced to imprisonment for life plus fine of Rs.30,000 each or in default to undergo R.I. for two years each. The three accused were sentenced to 7 years' R.I. each and fine of Rs.5,000 each or in default to undergo R.I. for six months each under section 452, P.P.C.
2. Half of the amount of fine, on realization, was ordered to be paid to the legal heirs of the deceased.
3. Muhammad Nawaz and Dilasa Khan were given the benefit of section 382-B, Cr.P.C. On appeal, reference and revisions, a Division Bench of the Lahore High Court, Lahore vide its impugned judgment dated 29-9-1997 acquitted Muhammad Nawaz and Dilasa Khan. The sentence of Sawar Khan, petitioner in Cr.P.400-L of 1997 was converted from death to imprisonment for life. His sentences were ordered to run concurrently. Benefit of section 382-B, Cr.P.C. was extended to him.
4. Criminal Petition No.400-L of 1997 has been filed by Sawar Khan against his conviction and sentence. Criminal Petition No.154 of 1997 has been instituted by the father of the decased against the modification of sentence of Sawar Khan and the acquittal of Muhammad Nawaz and Dilasa Khan.
5. It has been contended by the learned counsel that the co-accused of the petitioner, namely Muhammad Nawaz and Dilasa Khan have been acquitted by the High Court. In other words, according to the learned counsel, the Court below has discarded the evidence of the prosecution in recording acquittal of the co-accused of the petitioner. He argues that Nasib Khan (complainant) P.W.13 is the uncle of the deceased. Mehboob Khan (not produced) is his relative and Mst. Sardar Bano (not produced) is the mother of the deceased. It is added that, admittedly, there is enmity between the parties and that the prosecution has not been able to produce any evidence to corroborate the eye-witness account which is interested on the face of it.
6. The points raised by the learned counsel need consideration. Leave to appeal is, therefore, granted in the above petitions to reappraise the C prosecution evidence to ensure safe administration of justice.