1989 PLP 1386 (SCMR)

JAVID IQBAL, J.‑‑This petition for leave to appeal is directed against judgment of the Lahore High Court, Lahore dated 17 May, 1986 whereby conviction of respondents Abdul Qayyum and lkramullah under section 302/34, P.P.C. was maintained but their sentence of death was reduced to life imprisonment. The petition has been filed by the complainant on the ground that no cogent reason has been given for the reduction of sentence. Briefly the facts are that Abdul Qayyum and lkramullah respondents were tried for offence under section 302/34, P.P.C. along with four others who vide judgment of the trial Court were acquitted but the aforesaid two respondents were sentenced to death plus fine by the trial Court. On appeal the High Court as stated above maintained their conviction but altered the death sentence to imprisonment for life in both the cases. The deceased in this case is Mohammad Hanif. The‑ occurrence took place at 4‑30 a.m. on 19 April, 1982 in the area of village Kacha Pakka, District Kasur. F.1.R. was lodged by the petitioner who is uncle of the deceased at Police Station Kundian on the same day at 7‑45 a.m. The respondents were arrested, Abdul Qayyum on 21 April, 1982 and Ikramullah on 4 May, 1982. Recoveries are two crime empties from the spot and carbines recovered from the respondents. The petitioner and Muhammad Din are two eye‑witnesses of the occurrence. According to the medical evidence the deceased had gunshot injuries on the front of chest and a gunshot injury on the back of chest. The death had resulted due to firearm injuries immediately after the receipt of the injuries which were sufficient to cause death in the ordinary course of nature. The motives held out by the prosecution are two which have not been believed by the High Court. The prosecution case is that the deceased alongwith two eye‑witnesses was going to Lahore for buying spare parts for the tractor. The two respondents along with four others came running from the side of the village and after giving Lalkara that the deceased should be killed, the two respondents through their respective carbines fired at the deceased who fell down on the ground and died. The High Court after going through the evidence on record arrived at the conclusion that the two eye‑witnesses were present on the spot at the time of the occurrence and they made truthful statements which are not contradicted by the medical evidence. Therefore the prosecution had proved its case as against the respondents beyond reasonable doubt. Thus the conviction of the respondents under section 302/34, P.P.C.was maintained. However the death sentence awarded by the trial Court has been altered by the High Court to life imprisonment because the High Court found that the motives had remained,, shrouded in mystery. The reasons for arriving at this conclusion are elaborately discussed in para. 9 of the impugned judgment and in our view the conclusion A arrived at by the High Court in respect of the two motives advanced by the prosecution are correct because if the motive as set up by the prosecution is not established then it is the prosecution itself which is to bear the consequences on question of sentence in this case. Since this is the position no interference is called for. The petition is accordingly dismissed. MA.K./M‑880/S Petition dismissed.