2004 PLP 252 (SCMR)

TANVIR ARMED KHAN, J.--Leave to appeal is sought against the judgment dated 8-7-2002, whereby criminal appeal filed by the petitioner was dismissed. 2 Facts briefly are that FA.R. Nb.333 was got registered at tire instance of Muhammad Iqbal P.W., the brother of the deceased under section 302; P.P.C. at Police Station City Sargodha on 9-7-1999, stating therein that his sister Mst. Safia deceased was earlier married to one. Nisar-ul-Haq who died 4/5 years earlier, leaving behind two sons and two daughters. She was living alongwith her in-laws in the house at Zafar Colony Sargodha. The petitioner, the brother of the deceased husband, used to tease her with bad intention, which factum was conveyed by the deceased on telephone to the complainant who came alongwith Muhammad Arshad. The deceased narrated the whole story whereupon, they boarded a Tonga for the house of the petitioner and reached there. They asked him about the allegations levelled against him. Whereupon the petitioner brought out a gun and fired at her which proved fatal.

3. The petitioner was apprehended on the 11th of July, 1999 and led to the recovery of .12 bore gun. After usual investigation, the challan was submitted. The prosecution examined six witnesses to establish its case. The ocular account has been stated in its material particulars by Muhammad Iqbal P.W.4 and Muhammad Khalil P.W.5. When the petitioner was examined under section 342, Cr.P.C., he denied his participation.

4. The learned trial Judge after thrashing the entire evidence brought on record convicted the petitioner under section 302(b), P.P.C. and sentenced him to imprisonment for, life with a fine of Rs.1,00,000, half of which was ordered to be paid to the legal heirs, in default whereof to further undergo two years' S,I. Benefit of section 382-B, Cr.P.C., was also accorded. The petitioner filed criminal appeal, which has been dismissed. Hence this petition for leave to appeal.

5. We have considered the contentions and have gone through the record appended with this petition. It was a broad-daylight occurrence and the F.I.R. was recorded with promptitude. Since the parties were known to each other prior to this incident as such there was no question of mistaken identity. It is true that the ocular account has been witnessed but that fact itself would not be sufficient to discard the testimony of the P.Ws., if it otherwise inspires confidence. They are the natural witnesses and stood test of cross-examination. They have given plausible explanation for their presence at the spot. Nothing has been brought on record why these witnesses would implicate the petitioner in an offence entailing capital punishment. The medical evidence is totally in line with the ocular account. Learned counsel for the petitioner has failed to point out any misreading. The petition is-therefore dismissed and the leave refused: N. H. Q. /A-375/S Leave refused.