1987 PLP 763 (SCMR)

Muhammad Sharif, Advocate Supreme Court (absent) and Ran& Maqbool Ahmad Qadri. Advocate‑on‑Record for Petitioner. Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Respondent No.

1. Date of hearing: 8th February, 1987. MIAN BURHANUDDIN KHAN, J.‑‑ This order will dispose both the abovementioned Cr.P.L.A. No. 110 of 1982 and Jail Petition 30/82 as these are directed against the same impugned judgment of the Lahore High Court dated 23‑2‑1982 passed in Criminal Appeal No. 676 of 1979 and Murder Reference No. 207 of 1979. By Cr.P.L.A. No. 110 of 1982 Muhammad Younas complainant/ petitioner seeks leave to appeal against the impugned judgment of the High Court dated 23‑2‑1982, praying for restoration of death sentence, awarded to the accused /respondent Muhammad Yaseen alias Shinoo by the learned "Additional Sessions Judge, Lahore per judgment, dated 28‑5‑1979 Jail Petition No. 30 of 1982 is filed by accused/ petitioner Muhammad Yaseen alias Shinoo against his conviction and sentence vide the same impugned judgment, dated 23‑2‑1982. The Jail petition is barred by) time by 6 days and as it involves the sentence of life imprisonment, we condone the delay.

2. Muhammad Yaseen alias Shinoo was convicted under section 302, P.P.C. by the learned Additional Sessions Judge, Lahore, for committing the murder of Muhammad Amin on 13‑9‑1978 at 7‑15 p. m. within the limits of Police Station Shahdara, Lahore, and was sentenced to death and fine of Rs.2,

000. Appeal against his conviction and sentence and Murder Reference were heard by the learned Lahore High Court and vide the impugned judgment, his conviction was altered from section 302, P. P. C . to section 304, P. P. C . , commuting the death sentence to life imprisonment and increasing the fine from Rs.2,000 to Rs.20,000.

3. The occurrence, according to the prosecution, took place on 13‑9‑1978 at about 7‑00 p. m. in Almadad Pak Colony, Ravi Road, Lahore. The deceased alongwith the complainant/P.W.6 Muhammad Younas and others were busy in talking when Muhammad Yaseen alias Shinoo accused /respondent, armed with a dagger, came and attacked Muhammad Amin deceased stabbing him near the chest. Amin fell to the ground and the accused /respondent ran away. The injured Muhammad Amin was taken to the‑ hospital where he died without regaining consciousness. Motive, according to complainant Muhammad Younas is that Muhammad Yaseen alias Shinoo the accused/ respondent had a quarrel with the deceased earlier in the month of Ramzan Sharif and with that grudge in his mind the accused attacked the deceased on the day of occurrence.

4. Dr. Imtiaz Bhatti P. W.1 performed the post‑mortem examination on the dead ‑body of Muhammad Amin deceased and found injuries consisting of stab wounds, superficial cut and abrasion. According to him, injuries Nos. 1 to 4 were caused by some sharp‑edged weapon while the rest resulted from blunt means; and he observed that injury No.1 was sufficient individually to cause death in the ordinary course of nature.

5. We have gone through the evidence on record and the judgments of `the Courts below and agree with the finding of the learned High Court that there were abrasions, stab injuries on the deceased and four out of seven, were caused by sharp‑edged weapon; that the abrasions could be the result of struggle between the deceased and the accused /respondent; and out of the other injuries only one was found to be fatal. It appears, therefore, that there was altercation and fight between the two before the accused /respondent attacked the deceased. Hence; life imprisonment, under section 302, P.P.C. was in consonance with the circumstances of the case. Consequently, Cr.P.L.A. No. 1101 of 1982, praying for enhancement of sentence is dismissed, and conviction and sentence, per impugned judgment of the learned High Court dated 23‑2‑1982; maintained. Jail Petition No. 30 of 1982 is also dismissed. M.I . /M‑38/S Petition dismissed