1. ' NASIM HASAN SHAH, J.--This is a petition from Jail by Riaz Ahmad, petitioner herein, who has been convicted, inter alia, under section 302, P.P.C. And sentenced to death for causing the murder of his mother-in-law Mst. Noor Sain.
2. ' The relevant facts very briefly are that the petitioner was married to Mst. Kalsoom, P.W.7, daughter of Mst. Noor Sain deceased. He used to act towards his wife with cruelty and often used to beat her whereupon she would go back to her parents to escape from his cruel behaviour. On previous occasions, however, the petitioner had been successful in bringing her back on promises of better behaviour in future but on the fateful day when the petitioner went to bring her back, after she had left him to escape from his cruelty, Mst. Noor Sain mother of Mst. Kalsoom, refused to send her back.
3. Conciliation efforts by the habitants of Mohallah were not successful and Mst. Noor Sain flatly refused to send her daughter back. The petitioner got annoyed at this and fired two shots at his mother-in-law which caused her death. He also fired another shot which injured Mst. Ehsan Bibi and a child Hanifan Bibi. The petitioner, in these circumstances, was found guilty under section 302, P.P.C. And sentenced to death.
4. The learned counsel for the petitioner has, inter alia, argued that one of the alleged eye-witnesses, Ghulam Hussain (P.W.14) the brother of Muhammad Sadiq complainant (the husband of the deceased, Mst. Noor Sain) has not supported the prosecution case; there is a discrepancy between the medical evidence and the testimony of the eye-witnesses, in that while, according to the eye- witness, the petitioner had fired two shots at the deceased, both of which hit her, the medical evidence indicated that Mst. Noor Sain had received only one shot which entered the fore-arm of the deceased and went out from the inner side of the arm and then re-entered her chest region.
5. The submission that the case of the prosecution is not free from doubt requires further consideration.