' RASHID AZIZ KHAN, J.---Facts leading to the filing of this petition are that respondents Nos.1 and 2, Imran and Tahir, were tried by the learned Additional Sessions Judge, Sargodha, for the murder of one Khalid Munir. He vide his judgment dated 12-6-1994 found the respondents guilty of the charge and sentenced each of them to death under section 302-B/34, P.P.C. Their appeal was accepted by a learned Division Bench of the Lahore High Court vide its judgment dated 17-10-2000 and they were acquitted. In the present petition the petitioner, who is the complainant*, has challenged the acquittal of the respondents recorded by the High Court through the impugned judgment.
2. We have heard the learned counsel for the petitioner at length and with his assistance perused the file. The learned Division Bench of the High Court acquitted the respondents solely on the ground that it was a case where direct evidence was not available and prosecution had tried to establish its case by putting circumstantial evidence consisting of extra-judicial confession, evidence of last seen and the recoveries effected from the respondents. The extra-judicial confession was not relied upon by the trial Court for the reason that it was made before a person who was not even known to the accused making confession, therefore, in a appeal it was rightly ruled out of consideration as a person charged of such offence would not choose to go to a stranger to make a confession. Even otherwise in the extrajudicial confession both the respondents had allegedly claimed that they had killed the deceased by strangulation with the help of an electric wire but no mark of injury was found present around the neck of the deceased by his relations nor by the doctor who had conducted autopsy on the dead body of the deceased. As far as the other evidence is concerned, even if the same is relied upon, conviction could not be sustained.
3. After having examined critically the entire file and the judgment impugned, we do not find any infirmity or illegality in the same which could persuade us to issue process against the respondents. Resultantly, the petition fails which is accordingly dismissed and leave declined.