ASIF SAEED KHAN KHOSA, J.---Abid Ali appellant had allegedly murdered one Manazir Ali by firing at him inside the deceased's house in village Gulapur in the area of Police Station Midh Ranjha, District Sargodha in the backdrop of a motive according to which one Mst. Batool Bibi daughter of Mirza was abducted by one Abdul Rasheed Multani and the accused party suspected Manazir Ali deceased's involvement in that abduction. On the basis of the said allegations the appellant and his co-accused were booked in case FIR No,89 registered at the above mentioned Police Station on the same day. After a regular trial the appellant was convicted by the trial court for an offence under section 302(b), P.P.C. read with section 34, P.P.C. and was sentenced to death and to pay compensation besides having been convicted and sentenced for an offence under section 452, P.P.C. The appellant challenged his convictions and sentences before the High Court and upon conversion of his sentence of death into imprisonment for life the remaining convictions and sentences of the appellant were maintained by the High Court. Hence, the present appeal by leave of this Court granted on 02.05.2012.
2. Leave to appeal had been granted in this case in order to reappraise the evidence and with the assistance of the learned counsel for the parties we have undertaken that exercise.
3. The occurrence in this case had taken place early in the morning in the month of May at a time when the day had already broken. The appellant was not only an immediate neighbour of Fateh Bibi complainant (PW10) but he was also related to the complainant party as the complainant was the appellant's aunt. Mst. Fateh Bibi complainant was the mother of Manazir Ali deceased and she resided in the very house in which the occurrence had taken place and the time of occurrence was such that availability of the complainant in her house at that time was nothing but natural and expected. We have entertained some doubts about availability of the other eye-witnesses namely Atta Muhammad (PW11) at the scene of the crime at the relevant time but the statement made by Fateh Bibi complainant (PW10) was so straightforward and inspiring confidence that both the courts below had found it impossible to dislodge her testimony. The said testimony of the complainant had received ample support from the medical evidence. On account of her neighbourhood and relationship with the appellant the complainant had no reason to falsely implicate the appellant in a case of this nature, particularly when the appellant was not directly connected with the motive set up by the prosecution. Both the courts below had undertaken an exhaustive analysis of the evidence available on the record and had then concurred in their conclusion regarding guilt of the appellant having been established to the hilt and upon our own independent evaluation of the evidence we have not been able to take a view of the matter different from that concurrently taken by the courts below. The appellant has already been treated leniently in the matter of his sentence on the charge of murder. This appeal is, therefore, dismissed.