' MIAN SHAKIRULLAH JAN, J.---The petitioner, who was charged for triple murder and was convicted and awarded death sentence on three counts, is seeking leave to appeal through the instant petition against the aforesaid convictions and sentences awarded by the trial Court and which were confirmed by the High Court.
2. The brief facts of the case, as given in para-3 of the impugned judgment of the High Court, are as follows:-- "3. The brief facts of the case, as narrated in the F.I.R. (Ex.PA/1) lodged by Arshad Ali, the complainant (P.W.1) on 13-3-1997, are that on 13-3-1997 the complainant, his father Muhammad Faazal and his brother Abdul Qayyum (P.W.2) were cutting crop in their field. At about 5-00 p.m., Pervaiz Ahmad alias Peeja, appellant, armed with G-3 rifle accompanied by two unknown persons armed with Kalashanikovs as well as Muhammad Arif, brother of the complainant, reached the Dera of the complainant. Mst. Naziran Bibi deceased, the mother of the complainant, also followed the appellant and others. Pervaiz appellant directed all of them to sit down. He stated that since his friend and companion Ghulam Rasool had been killed on information provided by the complainant party and also on account of refusal of the complainant to give in marriage the hand of his sister Mst. Iqbal Bibi to the appellant, he would teach them a lesson. Immediately thereafter the appellant and his companions resorted to firing with their respective weapons. The shots hit Muhammad Faazal, Muhammad Arif and Mst. Naziran Bibi who died at the spot immediately on receipt of the injuries. The complainant and Abdul Qayyum, his brother, (P.W.2) were also injured as a result of firing. The occurrence was also witnessed by Muhammad Shafi, the uncle of the complainant and Sabir another brother of the complainant. The accused thereafter while firing in the air made their escape. Consequently, the aforesaid F.I.R. Was lodged."
3. We have heard the learned counsel for the petitioner as well as learned Deputy Prosecutor- General for the State and have also perused the available record of the case.
4. The learned counsel for the petitioner has contended that there was preliminary investigation before the registration of the case and the evidence produced by the prosecution is not credible and the conviction bised on such evidence is unwarranted. The learned Deputy Prosecutor- General appearing for the State has opposed the contentions of the learned counsel for the petitioner by submitting that the prosecution has produced sufficient evidence and the two Courts below have rightly held him guilty and was convicted accordingly.
5. It is triple murder case and the petitioner along with other two unknown persons have been charged. The petitioner has been given effective role of firing at the three deceased and also at the complainant and his brothers who luckily escaped except one Abdul Qayyum who sustained injuries but his injuries have not been proved as neither the Medico-legal Report nor the Medical Officer's statement is available on the file qua the injuries of Abdul Qayyum. Since there is sufficient evidence to bring home guilt to the accused in the form of ocular version and the complainant party is having no blood feud enmity to furnish a ground for creating a doubt in the statement of the eye-witnesses or for false implication. However, motive for, taking such steps by the petitioner is available.
6. We could not find any ground either in the evidence or in the impugned judgments of the two Courts below to arrive at a conclusion different from the one arrived at by the Courts below.
Resultantly, we see no force in this Jail Petition, therefore, leave to appeal is refused and the petition is dismissed.