' MIAN SAQIB NISAR, J.---The petitioner has been convicted, under section 302(b), P.P.C., by the Additional Sessions Judge, Thatta vide his judgment dated 3-12-2005, and sentenced to imprisonment for life with compensation in the sum of Rs, 50,000 payable to the legal heirs of the deceased in terms of section 544(A), Cr.P.C. In case of default thereof, to undergo R.I. For six months, the benefit of section 382-B, Cr.P.C. Was also extended to him; his appeal filed before the Federal Shariat Court, has failed, thus the conviction/sentence has been maintained.
2. Brief facts of the case are that Khuda Bux complainant, lodged F.I.R. No,45 of 1995 dated 22-5- 1995 at 11-00 p.m. Reporting that he, along with his family members including a relative namely Muhammad Moosa, were watching T.V. At his residence at about 8:30 p.m. When the petitioner along with others, entered the house and demanded to hand over the gold and the money to them. On resistance by the inmates, they fired at Muhammad Moosa who got injured and other shot was fired at Nisar who died. On hearing the firing and also cries of the family members, the neighbours were attracted and Mehar Ali Shah (the petitioner), was apprehended at the spot, while the others were able to escape. During the investigation, the petitioner also made a confessional statement regarding guilt before the Mukhtiarker and F.C.M., Mirpur Bathoro. Anyhow, the petitioner was challaned and tried as aforementioned; the requisite evidence including the ocular, medical and also the Forensic, which establishes the matching of the empties recovered from the spot, with the weapon (Pistol) of offence was adduced by the prosecution and having fully proved its case, the noted conviction and sentence was passed by the first Court, which has been maintained in appeal.
3. Heard. The learned counsel for the petitioner has not been able to set forth any lacuna in the evidence, produced by the prosecution to prove the guilt of the petitioner and also any lapse or error on part of the Courts in the reading thereof. The courts below have excluded the confessional statement of the petitioner, obviously, which due to technical reasons was inadmissible in evidence, but because of the independent, unbiased and unimpeachable ocular evidence against him and also as he was apprehended at the spot, there was no enmity of the eye-witnesses with the petitioner, to falsely implicate him, his plea of alibi, as propounded was neither proved nor accepted by the two Courts below for cogent and valid reasons. The impugned decisions have been rightly rendered. No factual or legal infirmity in the impugned judgments has been pointed out calling interference in the instant jurisdiction.
4. Resultantly, no case for the grant of leave to appeal is made out IB which is hereby refused.
Petition dismissed.
Leave to .