SYED DEEDAR HUSSAIN SHAH, J.---Petitioner seeks leave to appeal against the judgment of the High Court of Sindh, Karachi, 22-1-2003, passed in Special Anti-Terrorism Jail Appeal No,89 of 2000.
2. Briefly stated, the prosecution story is that petitioner, who is nephew of deceased Mst. Meraj Bano, wife of Qamar Ahmad-- complainant, visited the house of complainant party on 23-6-2000 and stayed there for the night. In the morning on the following day, petitioner left after taking breakfast. The complainant also went out with his daughters Sobia and Sidra and bought vegetable and other household articles from Rais Amrohvi Market and sent her daughters back to the house. Complainant proceeded to his welding shop situated in Federal B-Area. On the same day at about 3-45 p.m., complainant's brother Muhammad Ilyas informed him that the petitioner had burnt Mst. Meraj Bano after killing her and baby Shafaq, daughter of their neighbor Wasi Ahmed and that his two daughters Sobia and Sidra were also injured, who were taken to the Abbasi Shaheed Hospital. Complainant-Qamar Ahmed rushed to the said hospital where he saw the dead bodies of both the deceased lying in the mortuary and his daughters were admitted for treatment. On inquiry, his daughters told him that when they reached their house with Vegetables they saw that their mother was set on fire and was bleeding from her head, while petitioner was standing by her side and on seeing them petitioner caught them, wrapped electric wires around their neck and pushed them towards fire on which they raised cries; the petitioner then ran away through gallery by crossing the back door of the room. They further disclosed that in the other room they saw deceased Shafaq lying dead having wire tightened around her neck, upon which they raised cries which attracted the neighbors, who extinguished the fire. On receipt of information, Muhammad Hanif Sub-Inspector of Police Station Orangi Extension reached the hospital observing necessary formalities on the dead bodies handed over the same to Woman Medico Legal Officer for autopsy. He recorded F.I.R at 7-30 p.m. And dispatched a copy thereof to S.H.O. Tariq Mehmood. The S.H.O. Took up the investigation and inspected the place of occurrence at the pointation of complainant Qamar Ahmed. He found a blood-stained hatchet with burnt handle, household articles, furniture in burnt condition and National I.D. Card of the accused at the place of Wardat. He secured all these articles and prepared a memo. The petitioner was arrested on 28-6-2000 at 10-00 a.m. By A.S.-I. Muhammad Asif of Police Station Korangi from Civil Centre area and then handed over to Orangi Police. On 30-6-2000 petitioner led the police alongwith Mashirs to a room in Reta Plot situated in Shah Faisal Colony, Karachi East and after unlocking the door of the room produced one plastic bag containing gold and silver ornaments robbed from the house of Qamar Ahmad. The S.H.O. Secured the same and prepared seizure memo. The S.H.O. On 1- 7-2000 recorded the statements of P.Ws. Muhammad Yousuf, Sobia and Sidra under section 164, Cr.P.C. The jewelry was identified in the presence of the same Judicial Magistrate, who also recorded the judicial confession of the petitioner. On completion of the investigation petitioner was challaned in the Court.
3. After hearing the learned counsel for the parties and analyzing the material available on record, the learned trial Court vide judgment dated 19-8-2000, convicted the petitioner and sentenced him as under:--
(i) Under section 392, P.P.C. To R.I. For 10 years plus fine of Rs,10,000 or in default in payment of fine to suffer R.I. For 2 years more.
(ii) Under section 302(a), P.P.C. To death as Qisas on each count of two murders.
(iii) Under section 324, P.P.C. To R.I. For 10 years and fine of Rs,10,000, or in default in payment of fine to undergo R.I. For 2 years more.
(iv) Under section 337-A(i), P.P.C. To R.I. For 2 years as Ta'zir and Rs,10,000 as Daman for the injury caused to baby Sidra.
(v) Under section 337-F(i), P.P.C. To R.I. For one year and Rs,30,000 as Daman for the injury caused to Sobia and Sidra.
(vi) Under section 7 of the Anti-Terrorism Act, 1997 to death.
4. Feeling aggrieved, petitioner filed Jail Appeal No,89 of 2000 in the High Court of Sindh, Karachi which was dismissed maintaining the conviction and sentences awarded by the trial Court, vide impugned judgment dated 22-1-2003 Hence, this jail petition.
5. Mr. Muhammad Amjad Malik, learned Advocate Supreme Court for the petitioner, inter alia, contended that the Courts below had not considered the case in its proper perspective, which has resulted in miscarriage of justice; that impugned judgment is the result of misreading and non- reading of the evidence and material on record; that the death sentence may be modified to imprisonment for life.
6. We have considered the arguments of learned counsel for the petitioner and carefully examined the material available on the file. Admittedly, the trial Court as well as learned High Court had considered the material available on record. The conviction of the petitioner is based on the proper appreciation of ocular evidence as well as circumstantial evidence, because police from the place of Wardat recovered Identity Card of the petitioner with the police effected the recoveries from the petitioner at his pointation. Petitioner was produced before the Magistrate Ist Class, who recorded his confession, which was produced during trial; both the Courts below found that judicial confession made by the petitioner before the Magistrate was genuine, voluntarily and A without any duress or compulsion. In this case Sobia P.W.9, the injured witness, in examination-in-chief as well as in cross-examination has fully implicated the petitioner in the crime and the defence was, not able to put dent in the evidence adduced by the prosecution. There is no allegation against any of the P. Ws. That they had previous enmity or ill will or malice for false implication of the petitioner. Petitioner has rightly been convicted and sentenced to death by the Courts below, because he committed heinous crime by committing the murder of two innocent persons in callous and brutal manner as well as committed robbery in the house of the complainant, therefore, he does not deserve any leniency.
7. For the facts, circumstances and reasons stated hereinabove, we are of the considered view that this jail petition is without merit and substance, which is dismissed and leave to appeal declined.