Law:

Section:

Penal Code (XLV of 1860)---S. 302(b)--- Qatl-e-amd--- Constitution of Pakistan, Art.203F(2B)---Ocular evidence against the accused was independent, unbiased and un-impreachable---Accused had been apprehended at the spot---Eye-witnesses had no enmity with the accused to falsely implicate him in the case---Plea of alibi taken by accused having not been proved, had been rejected by the courts below for cogent and valid reasons---Impugned did not suffer from any factual or legal infirmity calling interference by Supreme Court---Leave to appeal was declined to accused accordingly. JUDGMENT MIAN SAQIB NISAR, J.---The petitioner has been convicted, under section 302(b), P.P.C., by the Additional Session: Judge, Thatta vide his judgment dated 3-12-2005, and sentenced to imprisonment for life with compensation in the sum of Rs. 50,000 payable to the legal heirs of the deceased in terms of section 544(A), Cr.P.C. In case of default thereof, to undergo R.I. for six months, the benefit of section 382-B, Cr.P.C. was also extended to him; his appeal filed before the Federal Shariat Court, has failed, thus the conviction/sentence has been maintained. 2. Brief facts of the case are that Khuda Bux complainant, lodged F.I.R. No.45 of 1995 dated 22-5-1995 at 11-00 p.m. reporting that he, along with his family members including a relative namely Muhammad Moosa, were watching T.V. at his residence at about 8:30 p.m. when the petitioner along with others, entered the house and demanded to hand over the gold and the money to them. On resistance by the inmates, they fired at Muhammad Moosa who got injured and other shot was fired at Nisar who died. On hearing the firing and also cries of the family members, the neighbours were attracted and Mehar Ali Shah (the petitioner), was apprehended at the spot, while the others were able to escape. During the investigation, the…

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