' QAZI MUHAMMAD FAROOQ, J.---One Ghulam Haider was murdered on 15-8-1994 at about 11-00 p.m. Within the limits of Chak No,3 Shumali located at a distance of about 5 kilometres from Police Station Bhalwal. The F.I.R. Was lodged at the said Police Station by Mukhtar Ahmed, nephew of the deceased, at 12-30 a.m. Wherein seven persons were nominated as the accused. It was alleged that on the eventful day the complainant alongwith his father Muhammad Inayat, brother Gulzar and uncle Ghulam Haider deceased had gone to Bhalwal in connection with a private work. After doing the work they boarded a wagon and alighted at Morr Chak No,3 Shumali and started walking on the metalled road leading to Chak No,3 Shaumali. When at about 11-00 p.m. They reached the fields of Akbar Gujjar five persons appeared on the scene who were identified by them in the torch- light as Muhammad Ashraf, Riaz, Bashir, Dosa and Gulzar. They were armed with a Sota, double- barrel shotguns, Sota and .30 bore pistol respectively. Muhammad Ashraf raised a Lalkara and simultaneously gave a Sota blow on the head of the deceased who fell down. Thereafter, Muhammad Riaz and Bashir fired at the deceased effectively as a result of which he lost his life.
Dosa and Gulzar stood nearby and kept on raising Lalkaras. It was also alleged that the tragedy was enacted by the accused present on the spot at the behest of Ahmed Khan and Ghulam Murtaza. The occurrence was motivated by long-standing enmity between the parties. A few years before the occurrence Ahmed Khan had sustained injures at the hands of the deceased and had declared a few days prior to the occurrence that the deceased will be eliminated.
2. All the accused charged in the F.I.R. Were arrested and tried by the learned Additional Sessions Judge, Sargodha who, vide judgment dated 7-11-1996, acquitted Dosa, Gulzar, Ghulam Murtaza and Ahmed Khan but convicted Muhammad Ashraf, Riaz and Bashir under section 302(b), P.P.C. And sentenced them to death with direction to pay a sum of Rs,50,000 each to the legal heirs of the.
Deceased as compensation under section 544-A, Cr.P.C. Or suffer six months' R.I in default. The appeal filed by the convicts was allowed by a learned Division Bench of the High Court and all of them were acquitted. Feeling aggrieved the complainant has filed this petition for leave to appeal.
3. It was contended by the learned counsel for the petitioner with vehemence that the prosecution had proved its case against the respondents beyond any reasonable doubt and the grounds of their acquittal were fanciful and speculative. According to him the ocular evidence had not only been furnished by natural witnesses but was also fully corroborated by the medical evidence, the motive, promptly lodged F.I.R., recovery of shotguns from the respondents Riaz and Bashir and positive report of the fire-arms expert. The identification of the assailants was not questionable as the parties were related inter se and the witnesses had identified the respondents in the light of two torches which were duly produced before the police after the occurrence and were taken into possession vide memo. Exh. PB. The learned counsel for the caveator, on the other hand, defended the impugned judgment by reiterating the grounds of acquittal mentioned therein.
4. Leave is granted to reappraise the prosecution evidence in the light of the contentions raised by the learned counsel for the petitioner. Bailable warrants in the sum of Rs,50,000 with two sureties each in the like' amount returnable through the trial Court be issued against the respondents Muhammad Ashraf, Riaz and Bashir.