' MUNIR A. SHEIKH, J.---Leave is sought against the judgment dated 28-6-2001 of the Lahore High Court through which conviction under sections 302/109, P.P.C. And sentence of life imprisonment of the respondent recorded and awarded by the trial Court was set aside and he has been acquitted of the charge.
2. The incident in this case took place on 7-11-1996 at about 3-00 p.m. The ocular account of the incident was given by P.W.5 and P.W.6 (aged about 14 years) brother and son of the deceased respectively.
3. Admittedly, no empty was recovered from the spot Whereas the carbine from which the same was shot, was recovered from the respondent but it was not sent to Forensic Laboratory. The evidence of P.W.5 and P.W.6 has been held by the High Court to be not trustworthy on the findings that these witnesses had not witnessed the occurrence. It is in the evidence that the dead body of the deceased was kept in the house of P.Ws. Whole of the night and it was taken to hospital on the next day. No blood-stained earth was taken from the spot. Even in the site plan, according to the findings of the High Court, no indication was given as to from where the respondent-accused person fired the shot. P.W.6 the son of the deceased denied having made any statement under section 161, Cr.P.C. Whereas it was found to have been recorded. He denied the recording of the said statement by the police obviously for the reason to avoid legal consequence of any possibility of heir being contradictions.
4. The impugned judgment of acquittal passed by the High Court is perfectly in accordance with law as the evidence has been appraised in accordance with the principles laid down by the superior Courts for safe administration of criminal justice. The same is neither. Perverse nor such that they do not appeal to the conscience as held by this Court, as such, no interference is called for.
5. Resultantly, this petition is dismissed and leave refused.