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Petition for Special Leave to Appeal No. 119 of 1968, decided on 24th May 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 27th March 1968, in Criminal Appeal No. 718 of 1966 in Murder Reference No 36 of 1967).

S. 302‑‑Four out of 13 accused acquitted by trial Court‑High Court whilst maintaining conviction of 9 accused on appeal, accepting State's appeal against acquittal and convicting remaining 4 accused also under S. 302‑--Acquitted accused filing appeal to Supreme Court as of right under Art. 58(2)(b), Constitution of Pakistan (1962)‑‑Special leave to appeal ire circumstance granted by Supreme Court to 9 remaining accused as well.

A. R Changez, Senior Advocate Supreme Court instructed by Muhammad Nazar Khan, Senior Attorney for Petitioners.

Nemo for the State.

Date of hearing: 24th May 1968.

.‑These nine petitioners along with four others, namely, Bhai Khan, Umar Hayat alias Umara, Khuda Bakhsh and Rafiq, were tried fear offences under sections 302/149, 307/149 and 148, P. P. C. by the Sessions judge, Sargodha. He convicted these nine petitioner: for the offences with which they were charged but acquitted Bhai Khan, Umar Hayat alias Umara, Khuda Bakhsh and Rafiq. The convicts appealed against their convictions and sentences and the State also filed appeal against the acquittal of the four accused. The High Court while maintaining the conviction of these nine petitioners, also set aside the acquittal of the said four accused and convicted and sentenced them under sections 302/ 149, 307/ 149 and 148, P. P. C. Those four convicts have filed Criminal Appeals Nos. 15 and 16 of 1968 as of right under Article 58(2)(b) of the Constitution, in this Court. In these circumstances, we also grant special leave to appeal to these nine petitioners.

All the appeals will be heard together.

Leave granted.

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