' SH. RIAZ AHMAD, C.J.---This petition for leave to appeal calls in question acquittal of respondents on the charge under section 302(b), Pakistan Penal Code for the murder of Shahbaz deceased.
Initially, they were tried by an Additional Sessions Judge at Sargodha and were convicted and sentenced to undergo life imprisonment and to pay fine of Rs,50,000 each as compensation in terms of section 544-A, Criminal Procedure Code to the legal heirs of deceased, or in default, to further suffer S.I. For six months each with benefit as contemplated by section 382-B, Criminal Procedure Code. They were acquitted of the charge under section 324, Pakistan Penal Code.
2. On appeal a learned Judge of the Lahore High Court seized of the appeal adverting to the facts and merits of the case held that motive was attributed to Saif Ullah who was responsible to have caused fatal blow to deceased and not to respondents. It may be stated that Saif Ullah had become absconder and was subsequently tried. No injury whatsoever was attributed to respondents except ineffective firing and though recoveries were effected from them but obviously they were insignificant on account of absence of any crime empty having been recovered from the spot. Thus, in our view the learned Judge had justifiably and competently set aside the conviction of the respondents and the reasons advanced to acquit the respondents of the charge are based on correct application of law and proper evaluation of evidence existing on record. It is now well established that -merely because another view of the evidence can be formed hardly constitutes a valid ground to interfere with the acquittal.
' For the foregoing reasons we do not find any merit and substance in this petition and dismiss it accordingly. Leave to appeal is declined.