' FALAK SHER, J.---The captioned petition for leave to appeal through Jail has stemmed out of judgment in affirmance of a learned Division Bench of the Lahore High Court turning down the petitioner's Criminal Appeal No,76-J of 1996 upholding his conviction and sentence recorded by a learned Additional Sessions Judge, Rawalpindi dated 6-2-1996 under section 302, P.P.C. To death on two counts for the murder of Hameed-urRehman and his wife Mst. Rukhsana alias Zarana defraying Rs,2,00,000 as compensation to legal heirs of each of the deceased within the contemplation of section 544-A of the Cr.P.C. Or in default to suffer R.I. For six months (altered to simple imprisonment in appeal) additionally under section 324, P.P.C. For murderously assaulting Daulat Khan P.W to 14 years' R.I. With a fine of Rs,50,000 or in default to suffer two years' R.I.
Answering the murder vide judgment dated 10-8-2001.
2. Daulat Khan P. W.1 father and father-in-law of the deceased referred to supra, a peon of the Family Planning Department Islamabad, on 29th March, 1994 at about 7-00 p.m., got his statement Exh.P.A recorded with Waqar Nisar P.W .2 S.-I./S.H.O. Police Station Kotli Sattian, District Rawalpindi at Chowk Kotli on the basis whereof formal F.I.R. Exh.P.A/1 was registered by Muhammad Nawaz Moharrar Head Constable at the Police Station Kotli Sattian at 7-30 p.m. The same day.
' Alleging that his son Hameed-ur-Rehman an Armed personnel posted at Karachi on home-leave came over and divulged that his brother-in-law Afzal-ur-Rehman petitioner being the complainant's-son-in-law had beaten up his wife Mst. Rukhsana alias Zarana without any fault whereupon he was told that they will go to the village and have a talk with him. Pursuant whereto after office hours accompanied by his son Hameed-urRehman deceased boarded a bus and alighting therefrom at Jangla Gala Bus Stop proceeded on foot towards their place located on a height. His dautherin-law Rukhsana Bibi alias Zarana deceased who was at her mother's place of abode on spotting came towards them followed by her mother and brother Mst. Sagheer Jan and Imtiaz Hussain P.W. Respectively. They reached veranda of their house around 4-30 p.m. Where the petitioner suddenly emerged equipped with a pistol and raising exterminating extortion fired at the complainant who stepped forward landing on left side of his chest; the second shot hit his son Hameed-ur-Rehman deceased on the chest; the third shot on his daughter-in-law Rukhsana deceased's chest as well as a result whereof she collapsed on the ground where she was supplemented another shot on right side of the chest. Upon raising of hue and cry by her brother and mother Imtiaz Hussain, Mst. Sagheer Jan respectively the petitioner vanished away while the complainant's son and daughter-in-law succumbed to the injuries on the spot.
' Regarding motive it was stated that few days preceding Eid petitioner had beaten up his wife Nabila Bibi (complainant's daughter) who, on account of estrangement came to her parental place of abode but the next day, her mother Naqsha Begum dropped her back alongwith the children at the petitioner's house who out of bitterness rebuked and manhandled his daughter-in- law Mst. Rukhsana alias Zarana deceased. On which count he was fined Rs,2,000 by the brotherhood in addition to extracting an apology out of him. Which he avenged.
3. Waqar Nisar S.-I./S.H.O. P.W:
12. Embarking upon the investigation despatched the complainant Daulat Khan injured P.W. To the local Rural Health Centre where he was medically examined by Dr. Mushtaq Ahmed P.W.7 at 7-30 p.m. Observing the following vide medical report Exh.P.J .
Injury No,1 ' A wound of entry 1 x 1 c.m. On left lower part of chest and 7.5 c.m. From left nipple and 3.5 c.m. From sternum.
Injury No,2 ' A wound of exit 1 x 1 c.m on left side of chest and 13.5 c.m. Lateral to left nipple.
' Prepared inquest reports of Hameed-ud-Rehman and Mst. Rukhsana alias Zarana (deceased)
P.O./P.R: respectively; collected-blood-stained earth where bodies of the deceased were lying vide memo. Exh.P.D. And Exh.P.E. Respectively; four crime empties Exhs.P.2 to P.5 vide memo. Exh.P.H.
Attested by Muhammad Arshad P.W.5, Humayoun Khan given up; bloodstained clothes of the deceased tendered by Nazakat Hussain, F.C. P.W.9 vide Exh.P.D and Exh.P.E. Respectively; arrested the petitioner on 2-4-1994 who led to the recovery of a .30 bore pistol Exh.P.1 from his house concealed in a trunk secured into possession vide memo. Exh.P.B. Attested by Muhammad Mumtaz Naib-Subedar (retired) P.W.3, Muhammad Amin not produced; got site plan Exh.P.C. Prepared from Muhammad Akram P.W.4.
4. Dr. Aneeq-ur-Rehman P.W.6 on 30th March, 1994 conducted autopsy on the bodies of the deceased brought by Nazakat Hussain F.C. P.W.9 and Muhammad Arshad, F.C. P.W.8, identified by Imtiaz Hussain P.W.2 observing the following:- ' Hamid-ur-Rehman deceased (Mi. PG/PG/1)
' Injury No, 1 . "A fire-arm wound of entry on the left upper lateral chest 9 c.m. From left nipple over the line joining left nipple to left mid clavicular point was lightly oval and measuring .75 x 1 c.m.
There was no blackening but abraded collar was present which was wider over left inferior angel."
' Injury No,2. "A fire-arm wound of exit just inferior to the apix of right posterior axillary fold and it was measuring 1 x 1.5 c.m."
' Immediate cause of death was shock due to rapid and profused bleeding from injuries No,1 and 2; anti-mortem of fire-arm origin sufficient to cause death. Stomach contained moderate amount of digested food. Mst. Rukhsana alias Zarana deceased (Exhs.PH. PH/1)
' Injury No,1: "Fire-arm wound of entry on the back of left chest.
2.5 c.m. From midline and 20 c.m. Below the base on neck. It was measuring .5 x .75 c.m. Directed apparently upwards towards left side."
' Injury No,2: "A fire-arm wound of exit on the left upper chest at the mid point of line joining left nipple to left interior axillary fold."
' Injury No,3: "Fire-arm wound of entry on the poster lateral aspect of left elbow. It was ovally in shape having abraded collar wider over inferior angel. And it was measuring .75 x 1 c.m."
' Injury No,4: "Fire-arm wound of exit on the medial side of mid of left arm. It was measuring 1.25 x 1.25 c.m."
' Immediate cause of death was shock potentiated by asphyxia due to respiratory blockage that occurred due to blood due to injury Nos.1 and 2; anti-mortem of fire-arm origin sufficient to cause death; stomach contained some amount of digested food.
5. Reports of the Chemical Examiner Exh.D,T, Serologists Exh.P.U, and Forensic Experts Exh.P.V. Were tendered by the Deputy District Attorney.
6. Imtiaz Hassan P.W.2, brother of Rukhsana alias Zarana deceased corroborated the ocular account furnished by the complainant Daulat Khan P.W.1.
7. While the petitioner recording his statement under section 342, Cr.P.C. Entering the plea of denial declined to record his statement on oath in terms of section 340(2) ibid.
8. The learned trial Court persuaded by the ocular account; the medical evidence, and the recoveries, recorded the petitioner's conviction and sentence which, on appeal was affirmed by a learned Division Bench of the Lahore High Court dismissing the petitioner's captioned appeal vide the impugned judgment dated 10-8-2001 discontented, therewith has preferred the present petition for leave to appeal.
9. Wherein having gone through the entire evidence the learned counsel could not point out any misreading, legal infirmity or illegality justifying interference with the returned verdict. Being well based and duly borne out from the unimpeachable testimony of the complainant Daulat Khan P.W.1 with stamped fire-arm injuries on vital part of his anatomy i.e, chest who was soon examined by Dr. Mushtaq Ahmed P.W.7 of the Rural Health Centre to whom he was referred by the Waqar Nisar S.-I./S.H.O. P.W.12 after recording his statement Exh.P.A., promptly after the occurrence that precipitated in a day light within the precincts of his place of abode who had no motive to falsely implicate his own son-in-law for the double murder as a sole accused leaving the real culprit go scot free.
10. Corroboration whereto has been furnished by the equilaterally related Imtiaz Hassan P.W.2 whose presence too is beyond doubt being an inhabitant of the neighborhood likewise having no animus to maliciously involve the petitioners for the murder of his sister and brother-in-law substituting the real culprit whose confidence-inspiring testimony cannot be discarded merely on account of relationship credence whereto is lent by the medical evidence including the timings by virtue of the stomach contents and recoveries in addition to the medical evidence and the recoveries.
11. Consequently, petitioner's conviction and sentence being unexceptional, the petition is devoid of any substance hence declining the leave is dismissed.
Leave reused.