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Criminal Petitions for Special Leave to Appeal Nos. 434 arid 435 of 1980, decided on 13th December, 1981.

(On appeal from the judgment and order of the Lahore High Court dated 8‑7‑1980 in Criminal Appeal No. 965 of 1978 and Murder Reference 249 of 1978).

‑ S. 300, Exception IV, 302, 304, Part I, 307 & 308 read with Constitution of Pakistan (1973), Art. 185(3)‑Leave to appeal‑Granted to reappraise evidence to see whether accepted principles of criminal justice followed by Courts below, whether conviction of all or any of accused should not have been under S. 304, Part I and S. 308, P. P. C. by application of Exception to S. 300 whether if conviction be altered to Ss. 304/308 it would not be in interest of justice to impose fine, to consider whether acquittal of accused by High Court on charge under S. 148 and S. 302 justified, whether substitution of one type of vicarious liability to other justified and whether convictions recorded and sentences awarded by trial Court against same respondents should not be restored.

S. M. Zafar, Senior Advocate and Mahmood A. Qureshi, Advocate‑on Record for Petitioners (in Criminal Petition No. 434 of 1980).

Ijaz Hussain Batal v, Senior Advocate and M. A. Rehman, Advocate‑on Record for Petitioners (in Criminal Petition No. 435 of 1980).

Ijaz Hussain Batalvi, Senior Advocate and M. A. Rehman, Advocate‑on Record for

Respondents (in Criminal Petition No. 434 of 1980).

.‑In the facts and circumstances of these two matters (Cr. Ps. 434 and 435 of 1980) arising out of the conviction of accused persons in a case of double murder, we grant leave to appeal‑in Criminal Petition No. 434 of 1980‑

(a) to reappraise the evidence in order to see whether accepted principle of criminal justice have been followed by the learned Courts below ;

(b) whether the conviction of all or any of the petitioners should instead of sections 302 and 307, P. P. C. have not been under section 304, Part I and section 308, P. P. C. by application of Exception to section 300, P. P. C.;

(c) if the conviction of the petitioners is altered to section 304/308, P. P. C. whether it would not be in the interest of justice to impose heavy fine.

in Criminal Petition No. 435 of 1980‑---

(a) to consider whether the acquittal of the accused by the High Court in the charge under section 148 and some of them in the charge under section 302 was justified ;

(b) it would also need examination whether there was justification for substituting one type of vicarious liability (under section 149, P. P. C.) to the other (under section 34, P. P.C.), by the High Court.

(c) whether the convictions recorded and sentences awarded by the trig Court against respondents 1 to 4 in this petition should not be restored.

We order accordingly. Bailable warrants in the sum of Rs. 20,000 each returnable to the Assistant Commissioner, Sargodha for appearance of Noor Muhammad and Muhammad Khan, respondents in Criminal Petition No. 435 of 1980, who it is stated, having served their sentences under section 307/34,P. P. C. are not in custody, shall be issued.

Leave granted.

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