' SAIDUZZAMAN SIDDIQUI, C.J.---The above mentioned two criminal petitions for leave to appeal are directed against the judgment of a learned Division Bench of Lahore High Court. In the first- mentioned petition, the petitioner, who was complainant in the criminal case, has sought enhancement of the punishment awarded to Muhammad Bashir in the criminal trial under section 302, P.P.C. While in Criminal Petition No.239-L of 1999, the petitioner has sought reversal of the finding of acquittal recorded by the learned Division Bench in respect of co-accused in the case.
2. Relevant facts of the case are that Muhammad Bashir, Amjad Hussain, Saleem Akhtar, Matloob Hussain, Rab Nawaz, Muhammad Akram, Mahboob Sultan, Muhammad Ashraf, Muhammad Basharat and Muhammad Rafiq were nominated as accused in a murder case in which Muhammad Ayub, Muhammad Ilyas, Abdul Razzaq and Riaz were murdered. Accused Muhammad Rafiq was declared absconder while Saleem Akhtar died during pendency of the case. The trial Court convicted Muhammad Bashir, Mahboob Sultan, Muhammad Ashraf and Muhammad Basharat for murder of the above named four deceased and sentenced them to death. The remaining 4 accused in the case were awarded life imprisonment. All the eight accused in the case were also convicted by the trial Court under section 148, P.P.C. And sentenced to two years' R.I. On appeal, the High Court confirmed death sentence awarded to Mahboob Sultan, Muhammad Ashraf and Muhammad Basharat but converted the death penalty awarded to Muhammad Bashir to imprisonment for life. The four accused who were awarded life imprisonment in the case by the trial Court, were however, acquitted by the High Court. The four convicts in the case preferred criminal petitions for leave to appeal being Nos. 112 of 1997 and 121 of 1997 before this Court against their conviction and sentences as aforesaid in which leave has been granted by this Court by order dated 17-12-1997.
2-A. The petitioner in Criminal Petition No.238-L of 1999 is seeking enhancement of the punishment awarded to respondent Muhammad Bashir and it is contended by the learned counsel for the petitioner that the accused/convict Muhammad Bashir having been found accompanying three accused, who have been awarded death penalty in the case and being equally responsible for the murder of four deceased in the case, there was no justification for awarding him lesser punishment of life imprisonment by the High Court. Similarly, it is contended in Criminal Petition No.239-L of 1999 that the four accused, who have been acquitted by the High Court, could not have been acquitted in the case as the evidence against them was the same on which other four accused were convicted in the case for the offence under section 302/149, P.P.C.
3. Since leave has already been granted to the four convicts in the above cases by this Court and the whole matter will be heard in light of the leave granting order referred to above, we are inclined to grant leave in these two petitions also for considering whether the grant of lesser punishment to Muhammad Bashir and acquittal of remaining four accused in the case was justified? Leave is accordingly granted.
' Notice of enhancement be issued to respondent/convict Muhammad Bashir while bailable warrants be issued to the remaining respondents in the above two petitions in the sum of Rs.50,000 each returnable before the District Magistrate, Rawalpindi.