1. NASIM HASAN SHAH, J.-This appeal by special leave arises in the following circumstances :-- The appellant Falak Sher alias Falku was tried along with 9 others under section 302/149, P. P: C., for the murder of Murid and all of them were sentenced to transportation for life by the trial Court. On appeal to the High Court by all the 10 convicts 8 were given benefit of doubt and acquitted while the convictions and sentences of Ahmad Yar alias Ahmi and Falak Sher alias Falku, the petitioner herein, was maintained. Ahmad Yar alias Ahmi filed a petition for leave to appeal (No. 332 of 1974) while the petitioner herein preferred a petition for leave to appeal through jail (J. P. No. 68 of 1974).
2. Leave was granted to both the petitioners by this Court's order dated 20-2-1975. However, Ahmad Yar withdrew his appeal which was dismissed in default. A notice was issued to the petitioner herein where he wished to prosecute his appeal and he bad, in his reply, merely submitted that by the grace of God he has now already served his sentence. He has not directly stated that he wished to withdraw his appeal. However, the date of hearing was communicated to him but he has not appeared and it appears that he is no longer interested in pursuing his appeal.
3. Even otherwise after, hearing the learned counsel and examining the record we do not find any scope for the interference with the judgment of the High Court.
4. The incident took place on the night between the 27th and 28th August, 1969, at about 1-00 p.m. At Chah Ambanwala in the area of village Jaman Shah in P. S. Ahmad Yar, District Sahiwal. According to the prosecution case, Farid deceased and his cousin Dur Muhammad (P. W. 7) and elder brother Dara (P. W. 9) were watering their field before midnight. They found that the flow of water had suddenly decreased. On checking up, it transpired that there was a cut in the water course which they repaired and water supply was restored: After sometime, the flow of water again decreased and they again set out to find out the cause. The deceased went ahead of Dur Muhammad and Dara, who followed him at a shot distance. Suddenly the last mentioned two witnesses heard the cries of the deceased. Dur Mohammad ran towards the scene leaving Dara behind, who was lame by one leg. Dur Muhammad saw the appellant who had a hatchet and the 8 acquitted accused armed with hatchets and dangs along with Ahmad, Yar appellant, who was similarly armed, causing injuries to the deceased. On hearing the alarm, Allah Bakhsh and Sher Muhammad also reached the scene. With the approach of the witnesses, the assailants carried Murid deceased in injured condition for some distance and then threw him in a dry place, in the bed of the river Sutlej and then disappeared.
5. The witnesses on reaching the spot found Murid still alive but was unconscious. Dur Muhammad set out to lodge the report of the incident and found an A. S.I in the nearby village Koria. The latter recorded the statement of Dur Muhammad, on the basis of which formal F. L R. Was registered at the Police Station Ahmad Yar at 4-30 a.m. After the A. S.I. Had reached the spot.
6. The motive for the occurrence was that about a month prior to the occurrence Yara, a real brother of the deceased had abducted Mst. Makhan, sister of Ahmad Yar alias Ahma, the co-appellant The deceased allegedly prevented the restoration of the abductee to her relations.
7. The prosecution case rested on the evidence of Dur Muhammad (P. W. 7) and Allah Bakhsh (P. W.
8. 8). The prosecution also relied on the recovery of blood-stained shirt from the person of Ahmad Yar (Exh. P. 7) and the blood-stained shirt from the person of Falak Sher appellant (Exh. P. 8). Two hatchets were also recovered from the appellant and Ahmad Bakhsh but they were not found to be stained with blood.
9. The trial Court found the evidence produced by the prosecution as sufficient to bring home the offence to all the ten assailants. The learned Judge in the High Court, however, found that Dur Muhammad and Allah Bakhsh were highly interested and partisan witnesses and, however, it was necessary to look for independent corroboration. The case of Ahmad Yar and his co-appellant Falak Sher was distinguished from the other 8 convicts on the basis of the recovery of blood- stained shirts from their person, while the rest were given benefit of doubt and acquitted.
10. On petition for special leave to appeal by Ahmad Yar and Falak Sher, appellant herein, it was inter alia contended that the recovery of the shirt (Exh. P. 7) at 'he instance of Ahmad Yar, co-appellant and shirt (Exh. P. 8) at the instance of Falak Sher, appellant herein, cannot be treated as confirma-- tory evidence, firstly because the blood on the blood-stained shirt (Exh. P: 7) had disintegrated while the other shirt was not found to be stained with human blood. Leave to appeal was, according, granted, inter alia, to consider whether the partisan evidence could, in these circumstances, be considered to have been sufficiently corroborated by the recoveries.
11. Ahmad Yar, as already stated, has withdrawn his appeal and we are con--cerned only with the appeal of Falak Sher, appellant herein.
12. On scrutiny of the record we find that the shirt of the appellant herein, as sent to the Serologist, was marked on 2300/2. It bore "Minute speaks", while the shirt .Of Ahmad Yar, which was marked as 2300/2, contained washed stains of human blood. The results of analysis of the Serologist showed that washed blood stains on Item No. 2360/3 i.e. The shirt of Ahmad A Yar, had disintegrated and their origin could not be determined but the item noted as 2300/3 was stained with human blood.
13. In these circumstances, we feel that there was sufficient corroboration to the eye-witnesses account by the recovery of the shirt removed from the person of the appellant which was stained with human blood.
14. The finding of the High Court that the guilt of the appellant stood proved which is based on the appreciation of the evidence does not, therefore, suffer from any defect.
15. The result is that this appeal fails and is dismissed hereby.