' SHAFIUR RAHMAN, J.-The Petitioner from jail seeks leave to appeal against the judgment of the Lahore High Court, dated the 26th of September, 1987, whereby the sentence of death awarded to him was confirmed. In view of the general amnesty, the sentence of death now stands altered into life imprisonment.
2. Muhammad Sharif (deceased) had lodged a case of theft over a year before the occurrence against Abdul Ghafoor alias Ghafoori, the petitioner, and his co-accused Muhammad Ashraf son of Karam Din. The petitioner and his companion wanted to restrain the deceased from prosecuting that case. He had not acceded to their pressures. On 9-11-1980, the deceased was going to his fields and behind him, at some distance were Muhammad Siddique P.W. 6 and Muhammad Yousaf P.W. 8, when the petitioner armed with a gun, Muhammad Ashraf son of Karam Din armed with a Chhuri, and another Muhammad Ashraf son of Sardar armed with a gun, attacked him. The Petitioner fired the first shot. Muhammad Ashraf son of Karam Din gave chhuri blow. Muhammad Ashraf son of Sardar allegedly caused injuries with the butt of the gun. Sharif died at the spot. A report was lodged. The doctor found fire-arm and incised injuries on the person of the deceased but none by blunt weapon like the butt of the gun. The plea of the petitioner was that he was in fact being prosecuted by the deceased but he denied having exercised any pressure on him to desist from prosecution. He denied having caused the death by fire at him. He also denied the recovery of the gun which was allegedly made on 27-11-1980.
3. The trial Court believed the prosecution case in its entirety and by judgment dated 7-8-1984 convicted all the three accused under section 302/34, P.P.C. And sentenced the petitioner and Muhammad Ashraf son of Karam Din to death and a fine of Rs, 10,000 each, while Muhammad Ashraf son of Sardar was sentenced to imprisonment for life with a fine of Rs, 10,000.
4. On appeal and while seized of the question of confirmation of death sentence, the High Court found that there was no injuries by blunt weapon and gave the benefit of doubt to Muhammad Ashraf son of Sardar and acquitted him of the charge. The conviction and sentence of Abdul Ghafoor, the petitioner who gave the fatal firearm injury to the deceased was maintained but the sentence of Muhammad Ashraf son of Karam Din was altered from death to imprisonment for life because his chhuri blow was definitely not fatal.
5. The recovery of the weapons has been disbelieved by the High Court and it played no important part because there was no empty recovered from the spot. The alleged discrepancy between the oral and medical evidence with regard to location of the gun shot wound has been taken note of and explained by the learned Judge in the High Court. The eye-witnesses of the occurrence Muhammad Siddique (PW-6) and Muhammad Yousaf (PW-8) have been believed. Even in the background of the theft case it was found that the eyewitnesses could possibly have no motive to falsely implicate the petitioner and others in the occurrence. The co-accused of the petitioner, Muhammad Ashraf son of Karam Din has presumably not appealed against his conviction and sentence.
6. The conviction and sentence of the petitioner has been recorded on credible evidence brought on the record and suffers from no illegality or infirmity. This Jail Petition merits dismissal.
' RUSTAM S. SIDHWA, J.--I agree. ORDER OF THE BENCH ' Leave to appeal is refused.