' JAVED IQBAL, J.--- Sabir alias Sabri has preferred this jail petition assailing the judgment of learned Division Bench of Lahore High Court, Lahore, whereby the criminal appeal preferred on his behalf has been rejected and the judgment dated 23-10-1999 passed by learned Additional Sessions Judge, Jhang, whereby he was convicted under section 302(b), P.P.C. And sentenced to death has been kept intact with further direction to pay an amount of Rs,50,000 to the legal heirs of Zafar Abbas (deceased) as compensation pursuant to the provisions as contained in section 544- A, Cr.P.C. Or in default in payment of fine to suffer R.I. For six months.
2. The prosecution's case unfolded in the F.I.R. Was that Azhar Abbas complainant was a resident of Chak No,130/JB situated within the area of Police Station Sadar Chiniot District Jhang and was an agriculturist by profession. At about 2-00 p.m. On 30-1-1995 the complainant and his brother namely Zafar Abbas were proceeding from their village to their Dhari situated in their land on a bicycle which was being driven by Zafar Abbas and the complainant was sitting on the seat on the back of that bicycle. When the complainant and his brother reached a little ahead of Qamar Abad Colony near their village they met Nazar Hussain and Muhammad Ali P.Ws. Whereupon the complainant alighted from the bicycle and started talking to them whereas his brother Zafar Abbas proceeded on that bicycle towards the Dhari. In the meanwhile Sabir alias Sabri appellant passed near them on a motorcycle rickshaw which was being driven by Abbas Ali appellant. At that time Sabir alias Sabri appellant was armed with a rifle .7 mm. When the complainant's brother namely Zafar Abbas reached the Pacda road about 16/17 yards away from the complainant and others Abbas Ali appellant stopped the rickshaw whereupon Sabir alias Sabri appellant alighted from the rickshaw and fired a shot from his rifle at Zafar Abbas hitting him on the right side of his back. Upon receipt of that injury Zafar Abbas fell down from his bicycle and in that fallen condition of Zafar Abbas, Sabir alias Sabri appellant put his rifle on the right ear of Zafar Abbas and fired from the same. The complainant and others then rushed to the spot, and in the meanwhile both the appellants boarded the rickshaw and went away towards the Faisalabad Chiniot Road. The injured Zafar Abbas was handled by the complainant and others but he succumbed to his injuries at the spot and died. It was mentioned in the F.I.R. That Zafar Abbas had been murdered by Sabir alias Sabri and Abbas Ali appellants with the abetment of Abbas son of Ahmad Ali and Liaquat co- accused and such abetment/hatching of conspiracy was seen and heard by Mahmand and Safeera P.Ws. The motive set up in the F.I.R. Was that the father of Zafar Abbas deceased and Azhar Abbas complainant namely Haq Nawaz had been convicted and sentenced for murder of three persons belonging to the accused party and the accused party had murdered Zafar Abbas in order to avenge the earlier murders. Leaving the dead body of his brother at the place of occurrence in the care of Nazar Hussain and Muhammad Ali P.Ws. The complainant proceeded to report the matter to the police. F.I.R. No,72 was later on registered at Police Station Sadar Chiniot, District Jhang at 2-40 p.m. On 30-1-1995 at the instance of Azhar Abbas complainant in respect of offences under sections 302/34/ 109, P.P.C. After conclusion of trial the petitioner was convicted and sentenced as per details mentioned hereinabove and appeal preferred on his behalf has been rejected, hence this petition.
3. Mr. Muhammad Zaman Bhatti, learned Advocate Supreme Court entered appearance on behalf of petitioner and contended that the prosecution has failed miserably to substantiate the allegations by producing any worthy of credence evidence. The main thrust of the argument is that on the basis of partisan, related and interested witnesses no conviction could have been awarded without corroboration which is lacking in this case.
4. Ch. Munir Sadiq, learned Advocate Supreme Court entered appearance on behalf of State and supported the judgment impugned for the 'reasons enumerated therein with the further submission that the prosecution has established the guilt by producing cogent and concrete evidence.
5. We have carefully examined the respective contentions in the light of evidence which has come on record and perused the judgments of learned trial as well as the Appellate Courts. After having gone through the entire record by keeping the defence version in juxtaposition we are of the view that the prosecution has established the guilt to the hilt by producing confidence-inspiring evidence. The statements of Azhar Abbas (P.W.9) and Muhammad Ali (P.W.10) have rightly been considered and relied upon by the learned trial and Appellate Courts. They have implicated the petitioner in a category manner and nothing advantageous could be extracted as a result of lengthy and searching cross-examination. Azhar Abbas (P.W.9) and Muhammad Ali (P.W.10) cannot be labeled as "interested witnesses" for the simple reason that they had no motive, rancor or animosity to get the petitioner involved in such a heinous offence. Besides that the statements of Azhar Abbas (P.W.9) and Muhammad Ali (P. W.10) find full corroboration from medical evidence, motive and unexplained abscission. It is worth-mentioning that the unfortunate incident occurred during day time and F.I.R. Was got lodged attributing a specific role to the petitioner with promptitude. The offence has been committed in the barbaric manner and no leniency is called for as pressed time and again by the learned Advocate Supreme Court on behalf of petitioner.
6. The prosecution has established the guilt beyond any shadow of doubt and the judgment impugned being well-based and unexceptional does not warrant interference. The petition being devoid of merit is dismissed and leave refused.