1. ' Raza Muhammad son of Gul Muhammad Awan, Labourer, resident of Pakki Shah Mardan, Police Station, Dauc-Khel, Tehsil and District Mianwali, was tried by the Sessions Judge, Mianwali for the murder of Amir Muhammad. The trial Judge by judgment, dated 9-12-1982 found him guilty. He was sentenced to imprisonment for life and a fine of Rs,500 or in default to undergo R.I. For one year.
2. ' The occurrence was alleged to have taken place on 30-7-1981, at 1-00 p.m. In the area of Pakki Shah Mardan, Police Station, Daud-Khel.
3. ' The F.I.R. Was lodged by Ghouns Muhammad at 1-30 p.m. At Police Station Daud-Khel. Amir Muhammad was shot dead while he was sleeping under a tree. The time was 1-00 p.m.
4. ' The motive was that the deceased was suspected of having illicit relations with Mst. Alam Khatoon, daughter of Ramzan and mother's sister of the appellant.
5. ' The occurrence was alleged to have been seen by Ghouns Muhammad, Mehr Muhammad and Ghulam Muhammad. The other evidence is recovery of gun P.4 at the instance of the appellant which was taken into possession vide memo. Exh. P.F. Attested by Gul Muhammad.
6. ' Dr. Muhammad Mushtaq Ahmad conducted post-mortem examination of Amir Muhammad and found an entrance wound of fire-arm on the back of lower zone of left chest and 4 exit wounds of fire-arm on the front of middle zone of left chest.
7. ' Ghouns Muhammad, who lodged the F.I.R. Reiterated the same facts which he had given in the F.I.R. He blamed the appellant for killing the deceased.
8. ' Ghulam Muhammad the next eye-witness corroborated the statement of Ghouns Muhammad.
9. ' The appellant in his statement under section 342, Cr.P.C. Denied all the allegations. He said that he had been falsely implicated in the case. He declined to produce any evidence in defence.
10. Learned counsel appearing in support of this appeal, tried to argue that the prosecution evidence was not reliable. The two witnesses Ghouns Muhammad and Ghulam Muhammad were brother and cousin of the deceased respectively. No independent person was produced from the locality.
11. In the alternative, it was argued that the prosecution's case as disclosed in the F.I.R., is that the deceased was suspected of having illicit liaison with Mst. Alam Khatoon, who is mother's sister of the appellant.
12. ' Learned counsel submitted that this fact entitles the appellant to the reduction of sentence.
13. ' I have also heard learned counsel for the State.
14. The ocular evidence leaves no room for doubt that Amir was shot dead while he was sleeping under the tree in the afternoon. It has been proved beyond doubt that assailant was the appellant.
15. Both the eye-witnesses were present. They saw the appellant firing. They gave good explanation of their presence at the spot. Their version finds support from the evidence of the doctor as well as Forensic Expert's report which was positive.
16. ' I do not think there is any loop-hole anywhere in the prosecution evidence. Case against the appellant has been proved beyond doubt. So far as the question of reduction of sentence is concerned, the appellant has already been dealt with leniently by the has been given the benefit under section 382-B, Cr. P.C. There is no trial Court. He other ground for reduction of sentence.
17. ' The appeal is accordingly dismissed. ' dismissed.