' MUNIR A. SHEIKH, J.---Petitioner was convicted under section 302(b), P.P.C. And sentenced to death for the murder of Muhammad Sharif father of complainant Muhammad Amin P.W.5. The incident took place at 6-00 a.m. On 4-6-1994. The ocular account of the incident has been furnished by Muhammad Amin complainant who appeared as P.W.5. He is the son of the deceased and Muhammad Rashid, resident of the Illaqa who appeared as P.W.6.
2. We have gone through the evidence of these two witnesses and find that the same inspires confidence and presence of these two witnesses at the spot at the relevant time is also proved beyond any doubt.##TSE# The only defence plea raised in the cross-examination of P.W.6 by the petitioner was that on the day of occurrence, there was cross-firing between Nathoo party and Haji Sultan Mughal party and that the deceased was hit by bullet on account of this cross-firing. No suggestion was made that the cross-firing took place at 6-00 a.m. When the incident took place.
3. When questioned, learned counsel frankly admitted that no report or F.I.R. Was lodged for the said cross-firing on the said date in the village by anyone. He however, submitted that no recovery of .7 mm rifle was made which was allegedly used by the petitioner. He also admitted that no empty from the spot was also recovered, therefore, in our view, non-recovery of weapon of offence in the circumstances of the case was not fatal to the prosecution case. The ocular account given by the witnesses was such which could be sufficient to bring home guilt to the petitioner.
4. No case for interference has been made out, therefore, the conviction of the petitioner under section 302(b), P.P.C. And award of death sentence do not suffer from any legal infirmity as the findings have been recorded on correct and elaborate appraisal of evidence which has proved beyond any doubt the guilt of the petitioner.