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NASIR-UL-MULK, J.---The appellant, Qurban Hussain, and his two co-accused, Arshad Mahmood and Allah Ditta, were tried by the Additional Sessions Judge, Rawalpindi, under sections 302/324/452/34, P.P.C. for the murder by firing of Abdul Qayyum and for lurking house trespass at around midnight between 28th February and Ist March, 1998. The trial Court acquitted Allah Ditta and convicted Qurban Hussain and Arshad Mahmood, sentencing them respectively to death and imprisonment for life. On appeal, the Lahore High Court by the impugned judgment allowed the appeal of Arshad Mahmood and acquitted him, while maintaining the conviction and sentences of Qurban Hussain. He was granted leave to appeal to reappraise the entire evidence.   The incident took place in the house of Mst. Ayesha, complainant, whose husband, Muhammad Riaz, was, at the relevant time, away in Saudi Arabia. Abdul Qayyum (deceased) brother of Muhammad Riaz, owned and lived in the house adjacent to that of his brother. The report of the incident was made by Mst. Ayesha, who alleged that at around midnight she woke up to answer the call of nature. That when she opened door and switched on the light she noticed three persons standing outside. Two of them were armed with pistols, who pushed her into the room and beat up. That on her hue and cry, her two daughters, Mst. Shazia and Mst. Sumera Riaz woke up. That one of the accused attempted to abduct Mst. Shazia, who resisted and during the scuffle muffle from the face of one of the accused dropped. He was recognized as Qurban Hussain, who at that moment declared that he had come to abduct Mst. Shazia to avenge the divorce of his aunt by Abdul Qayyum. On the alarm raised by the ladies, Abdul Qayyum, who was sleeping in his house next door, was attracted to the scene. While the accused were running away in the street, Abdul Qayyum caught hold of one of them, upon which Qurban Hussain fired a shot, hitting Abdul Qayyum who fell clown. The accused then decamped from the scene.   Abdul Qayyum later succumbed to his injury. Upon examining his injury the doctor found one entry and a corresponding exit firearm wound on the neck and three abrasions on the…