MANZOOR AHMAD MALIK, J.---J. P. No .996-L/2009 According to the office, this petition is barred by 348 days. In the interest of justice, delay in filing this jail petition is condoned.
2. Muhammad Ashraf (petitioner) along with his co-convict namely Umar Farooq (since acquitted by the learned Lahore High Court) was indicted in case FIR No.69/1999 dated 09.02.1999 offence under sections 302 and 324, P.P.C. read with section 34, P.P.C. registered at Police Station Taunsa Sharif, District Dera Ghazi Khan for the murder of Javed Nawaz (deceased) and launching a murderous assault upon Shah Nawaz complainant. Vide judgment dated 22.05.2002, he was convicted under section 302(b), P.P.C. and sentenced to death. He was also directed to pay Rs.1,00,000/- (rupees one lac) only as compensation to the legal heirs of laved Nawaz (deceased) and in default whereof to undergo simple imprisonment for six months. He was also convicted under section 337-F(iii), P.P.C. for causing injuries to Shah Nawaz complainant and sentenced to three years' R.I. He was further directed to pay an amount of. Rs.10,000/- (rupees ten thousand only) as Daman payable to Shah Nawaz (injured). Umer Farooq co-convict of the appellant was also convicted under section 302(b)/34, P.P.C. and sentenced to imprisonment for life. He was also ordered to pay Rs.1,00,000/- (rupees one lakh only) as compensation to the legal heirs of Javed Nawaz (deceased). Feeling aggrieved by the judgment passed by the learned trial court the appellant and his co-convict filed Crl. Appeal No.428 of 2002 whereas the learned trial court sent Murder Reference No.477 of 2002 for confirmation or otherwise of the sentence of death awarded to the petitioner. The complainant filed revision petition (Crl. Revision No.224 of 2002) for enhancement of the convictions and sentences passed against the petitioner and his co-convict in the cases registered under Section 13 of the Arms Ordinance, 1965. The complainant filed another revision petition (Crl. Revision No.428 of 2002) for enhancement of the sentence awarded to Umer Farooq co-convict of the petitioner. All these matters were heard together by a learned Division Bench of the Lahore High Court and through impugned judgment dated 29.10.2008, the said appeal to the extent of Umer Farooq co-convict of the petitioner was allowed and he was acquitted of the charges whereas sentence of death awarded to the petitioner by the learned trial court was converted into imprisonment for life. Rest of the sentences awarded to the petitioner by the learned trial court were maintained. Criminal Revisions filed on behalf of the complainant were also dismissed. Murder Reference sent by the learned trial court was answered in the negative and the sentence of death awarded to Muhammad Ashraf petitioner was not confirmed. Being still dissatisfied with the judgment of the learned Lahore High Court Muhammad Ashraf convict preferred Crl. P.L.A. No.996-L/2009 whereas Shah Nawaz complainant has filed Crl. P.L.A.No.560 of 2008. Leave in the petition filed by the complainant was granted vide order dated 15.09.2009.
3. None is present on behalf of the convict petitioner. In the interest of justice we have gone through the record with the assistance of learned counsel for the complainant and learned Additional Prosecutor General Punjab representing the State.
4.Muhammad Ashraf convict petitioner has been attributed two firearm injuries in the chest of Javed Nawaz (deceased). He was also attributed firearm injuries on the person of Shah Nawaz complainant. Ocular account furnished by Shah Nawaz complainant (PW.6) and Nusrat Ullah (PW.7) is fully supported by the medical evidence furnished by Dr. Muhammad Zubair (PW.4).
Recovery of a pistol .30 bore at the instance of the petitioner during the course of investigation coupled with the positive report of Forensic Science Laboratory further corroborates the prosecution case. Therefore; we hold that the prosecution case stood fully proved against the petitioner beyond any shadow of doubt. The learned Division Bench of Lahore High Court while observing that the petitioner was of tender age and taking a lenient view has already reduced the sentence of death awarded to Muhammad Ashraf convict to the imprisonment for life. According to report dated 27.04.2017 submitted by the Superintendent Central Jail Multan, Muhammad Ashraf petitioner has already been released from jail on 23.04.2011 after serving out his entire sentence.
Therefore, there is no merit in this petition, which is dismissed and leave to appeal is refused.
Crl. Appeal No.300-L of 2009 5.For the above reasons there is no merit in this appeal, which is dismissed accordingly.