1. SALAHUDDIN ARMED, J.-This petition for special leave to appeal is from an order of a Division Bench of the Lahore High Court maintaining the conviction of the petitioner under section 302 of the Pakistan Penal Code and confirming the sentence of death passed on him thereunder.
2. The occurrence took place on the 16th of October 1969, at 12 o'clock at noon. The first information report was recorded in the Civil Hospital at Silanwali upon the statement of Mst. Khurshid Bibi the victim herself on the, same day at 8-45 p. m. She died at 3-45 a. m. On the 17th of October 1969.
3. According to the prosecution case the petitioner wanted to marry Mst. Khurshid Bibi but her father refused the proposal and gave her in marriage to one Aziz 7 or 8 years before the occur--rence.
4. Four months before the occurrence, she had come to her parents house. On the fateful day she was proceeding along with her father Ranjha to the latter's field and when they reached Chowk Bazar near the house of the petitioner, the latter came out of his house armed with a single-barrel gun and asked the deceas--ed to come along with him. Upon her refusal the petitioner fired at her and she was hit on the chest. The petitioner fired another shot and hit her on her abdomen and left hip. The occurrence was witnessed by the victim's father as well as two other witnesses, namely, P.
5. W. 11 Niaz Din and P. W. 12 Pir Muhammad.
6. Mst. Khurshid Bibi was medically examined on the same day at 8-10 p. m. By Lady Doctor Shamim Barlas and she found among others 3 contused wounds upon the left side of the chest, a contused wound on the outer side of right mammary gland and some contused wounds on the outer side of the left hip, on the outer side of the left thigh and the outer and inner side of the left thigh and left buttock. The doctor noticed that the margins of wounds were blackened and charred. Upon her death autopsy was held by P. W. 1 Dr. Mukhtar Ahmad who found one circular lacerated wound of entry 1 /3' x 1 /3' making a tunnel of 2' long, two lacerated wounds of entry circular in shape J' x J' into chest cavity on the left side, one circular lacerated wound of entry 1/3' x 1/3' forming a tunnel on the left side of chest, one contused swelling I' x 3/4' on the right side of the chest, six lacerated wounds of entry including three on the left side of thigh inner aspect and three on the left thigh outer aspect, and three circular lacerated wounds on left buttock. This doctor stated with regard only to 3 items of injuries as not scorched, but was silent as to the rest. He was of the opinion that all the injuries were caused by fire arm like gun and that the fire arm was at a distance of more than six feet.
7. In spite of some divergence in the opinion of the two doctors it is evident that the victim was fired at from in front and from a close range. In these circumstances it was not difficult for the victim to see and recognise her assailant.
8. The learned Judges of the High Court, however, did not rely upon the dying declaration on the ground that there was evidence to show that while Mst. Khurshid Bibi was making the statement her relatives kept on whispering to her and therefore the possibility that the deceased was being tutored could not be ruled out. In these circumstances the contention of Ch. Nazir Ahmad Khan, learned counsel appearing in support of the petition that the discarding of the dying declaration coupled with the fact that there was an earlier statement made by Mst. Khurshid Bibi at the police station which was not produced, acted adversely upon the prosecution case so as to shake its very foundation. We are unable to accept this contention. The non-production of any earlier statement that might have been made by the deceased would only entitle the defence to an inference that if it had been produced it would not have supported the prosecution: case. Similarly the mere rejection of the dying declaration in the circumstances mentioned above could not have the effect of demolishing the entire prosecution case.
9. As has been stated already, the occurrence took place at day time and in the open and it was witnessed by at least three witnesses including the father of the deceased. P. W. Niaz Din is a paternal cousin of P. W. Ranjha while P. W Pir Muhammad is a paternal cousin of P. W. Niaz Din. 1n spite of their relation--ship with the deceased, they appear to be the most natural and competent witnesses. Their evidence receives support from the fact that blood-stained earth was recovered from a place opposite the house of the petitioner. The medical evidence too fully support their evidence. It is a case of single accused. In these circumstances the High Court was right in believing their evidence.
10. We also do not find any substance in the contention that the motive given is improbable. It has been argued that the petitioner could not in presence of the father ask his daughter, namely, Mst.
11. Khurshid Bnbi deceased to elope with the petitioner. Be that as it may both the Courts have accepted the motive as deposed to by the witnesses and no fault can be found with such finding.
12. In the facts and circumstances of the case, we do not agree with the learned counsel that there was an inordinate delay in the lodging of the first information report. The police station is 5 miles and the hospital is 6/7 miles off from the place of occurrence. The prosecution case is that the deceased was first taken to the police station and then to the hospital where the first information report was recorded at 8-25 p. m. On the same day.
13. There is no substance in this petition and it is accordingly dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.