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Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Criminal Procedure Code, 1898 (V of 1898), S. 410--Conviction and sentence--Appeal against--Appreciation of evidence--Case was of a broad day light--There was no question of substitution--Factum of recovery & positive report of the Firearm Expert fully corroborated the prosecution evidence--It was a case of fire arm injury--No mitigating circumstances--Appeal dismissed however sentence of R.I. awarded in default of payment of compensation was ordered to be treated as S.I. [Pp. 597, 598, 600 & 601] A, B, C, D & E 2005 SCMR 427, 2001 SCMR 988, AIR 1933 Patna 100, PLD 1974 SC 266; PLD 1975 SC 478; PLD 1976 SC 452; 1999 SCMR 2722 & PLD 2000 SC 12, ref. Judgment Kh. Muhammad Sharif, J.--This judgment shall dispose of Criminal Appeal No. 89/2001 (Asghar Masih vs. The State) and Murder Reference No. 194/2001 (sent by the learned trial Court for confirmation of death sentence or otherwise), as they arise out of the same judgment dated 26.2.2001 passed by the learned Sessions Judge, Islamabad, whereby, following sentences and convictions were passed: (i) Appellant was convicted under Section 302 PPC and sentenced to death as Qisas with a compensation of Rs. 50,000/- to be paid to the legal heirs of the deceased as provided under Section 544-A Cr.P.C. in default whereof to further undergo six months RI; 2. Brief facts of the case, as explained by complainant Mst. Farzana Bibi (PW-4) are that she was residing with her deceased husband Anwar Masih in servant quarter alongwith Rashid Masih; that in the same quarter appellant Asghar Masih was also residing; that on the fateful day and time when her deceased husband was coming out of bath room, appellant fired at him with .30 bore pistol on the back of his head, he was taken to Poly Clinic and then was referred from there to PIMS; that the deceased died in the evening of the same day; that the occurrence was witnessed by Rashid Masih (PW-5) and Sirapson Ghauri (PW-6) and that the motive set by the prosecution was that the deceased was unhappy of the habit of appellant to tease the grown up daughters of Rashid Masih and the deceased had also asked the…

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