1990SCMR588 (PLP)

ZAFFAR HUSSAIN MIRZA, J.--Petitioner/Convict Sirajuddin was tried and convicted by the learned Sessions Judge, D.I.Khan, under section 302, P.P.C., for the murder of deceased Abdul Rehman. He was sentenced to death and to pay compensation with a direction to suffer R.1. in case of default. His death sentence was confirmed by a Division Bench of the Peshawar High Court and his appeal was dismissed. However, in consequence to the Presidential Order, dated 6th December, 1988, the death sentence awarded to him has been commuted to imprisonment for life. He has brought this petition from jail for leave to appeal against the judgment of the Peshawar High Court, dated 2nd November, 1986. I have gone through the petition as well as the judgment of the High Court and the record of the evidence. The conviction of the petitioner rests upon the dying declaration of the deceased as incorporated in the F.I.R. registered without undue delay, supporting medical evidence, ocular testimony of Shah Jehan (PW) brother of the deceased and Mst.Khanai the mother of the deceased, motive and abscondence of the petitioner for a period of more than seven years. The occurrence in this case had taken place in the land of the deceased in broad daylight, when it is alleged that while the deceased was lying on heap of harvested wheat, the petitioner is said to have fired a single shot from the .12 bore pistol. There is enough evidence that the scene of occurrence was the place as pointed out by the prosecution as blood and cardboard discs and wads were recovered from the spot. There appears no reason for the eye-witnesses to falsely implicate the petitioner and their evidence has gone in unchallenged. The motive alleged by the prosecution was supported by documentary evidence but even if the same is held to be insufficient, as rightly held by the High Court that would not in any way react on the other evidence which is sufficient to sustain the conviction of the petitioner. The assertion that the witnesses were interested witnesses is not correct, inasmuch as, there was no such enmity alleged which would induce them to falsely implicate the petitioner. So far as abscondence is concerned prosecution has proved that arrest warrants and proclamation were issued by the Court under section 204 and section 87, Cr.P.C. The dying declaration of the deceased contained in the F.1.R. also has been rightly relied upon in view of the medical evidence to the effect the deceased was alive for 5 to 8 hours after receiving injuries and no suggestion was made to the medical officer that when he examined his wounds for the first time the injured was unconscious. Keeping in view the above circumstances I am of the opinion that the conviction of the petitioner is well-founded and there is no reason to interfere with it. I would accordingly dismiss this petition. NAIMUDDIN, J.--I agree. Leave refused. N.H.Q./S-492/S Petition dismissed.