OPINION M.S.H. QURAISHI, J.--This petition, which has been submitted through the Jail authorities, is late by four days, for the condonation of which the petitioner has moved an application. In view of the grounds taken in the application the delay is condoned.
2. Petitioner Muhammad Zaman had allegedly committed the murder of Sher Muhammad by inflicting blows upon him with a Vahaula at about 2.00 a.m. On 9-9-1977 when the deceased had been sleeping in his house in village Nahua, about 26/27 miles from P.S. Darya Khan. Jawaya, uncle of the deceased, and Qadir Bakhsh, younger brother of the deceased, the to eye-witnesses in the case, who had rushed to the scene on hearing the shrieks of the deceased, saw the occurrence.
The petitioner managed to escape with the crime weapon. Jawaya went to Darya Khan where he met the S.H.O. And made a statement before him at 10.00 a.m. On the basis of which the formal F.I.R.
Was later entered at the police station.
3. The motive was on account of suspected illicit liaison between the deceased and Mst. Zari, sister of the petitioner.
4. A lantern said to be burning at the spot along with blood-stained cot and blood-stained bedding of the deceased was recovered from the spot. The petitioner, who was arrested the same day, produced his blood-stained shirt from his person and also led to the recovery of blood- stained Vahaula from his Kotha. Allah Wasaya (P.W.7) proved the recoveries from the petitioner.
The deceased had suffered five injuries, i.e. Four incised wounds, including his cut-throat, and one abrasion. The to eye-witnesses fully supported the prosecution case. The petitioner disowned the recoveries from him, denied the motive and stated that the case against him was on account of enmity and suspicion. The trial Court, however, felt satisfied that the prosecution had brought home the guilt to the petitioner and accordingly convicted him of the murder but relying on the motive, awarded him the lesser penalty plus a fine of Rs.5,000, or in default R.I. For five years. The petitioner's appeal before the High Court was dismissed by the impugned judgment, dated 10-10- 1983 but the R.I. Of five years in default of payment of the fine was reduced to R.I. For one year. The High Court also gave the petitioner the benefit of section 382-B, Cr.P.C.
5. In his petition, the petitioner has urged the only ground that he was innocent and had been illegally involved in the case. I have gone through the evidence but find no fault with the Courts below in accepting the prosecution case. The to ocular witnesses are natural ones and were, according to the site plan, sleeping at about 44 feet away from the cot of the deceased. They are corroborated by the recoveries of the blood-stained shirt and the crime weapon. There appears to be no animus for them to have deposed against the petitioner who himself is related to complainant Jawaya, petitioner paternal-aunt being the wife of Jawaya's brother. I, therefore, find no merit in this petition, which is liable to be dismissed.
Nasim Hasan Shah, J, I agree.