2017 PLP 594 (SCMR)

ASIF SAEED KHAN KHOSA, J.

Tariq Iqbal alias Tariq appellant had allegedly entered the house of Ashraf complainant (PW18) at about 12.00 Noon on 16.10.2004 for the purpose of committing a robbery and in the process he had murdered the complainant's wife namely Mst. Akhtar Bibi by giving multiple chhurri blows to her and had then decamped from the spot after taking away a number of articles from the complainant's house. With the said allegations the appellant was booked in case FIR No. 774 registered at Police Station New Multan, District Multan on 16.10.2004 in respect of offences under sections 392 and 302, P.P.C. After a regular trial the appellant was convicted by the trial court for offences under sections 302(b), 449, 392 and 411, P.P.C. and was variously sentenced including a sentence of death on the charge of murder which convictions and sentences were subsequently upheld and confirmed by the High Court. Hence, the present appeal by leave of this Court granted on 28.06.2011.

2. The jail petition filed by the appellant before this Court had not been pressed on the merits of the appellant's case and the order passed by this Court on 28.06.2011 shows that leave to appeal has been granted only to consider the question regarding quantum of the appellant's sentence for the offence under section 302(b), P.P.C. We have heard the learned counsel for the appellant, the learned Deputy Prosecutor-General, Punjab appearing for the State and the complainant appearing in person on the said aspect of the case with reference to the record.

3. Leave to appeal had been granted in this case only to consider as to whether the appellant deserved the sentence of death on the charge of murder or not and at the stage of granting leave to appeal the merits of the appellant's case had not been pressed before this Court. This shows that the question of the appellant's guilt as well as all the factual allegations leveled by the prosecution against the appellant now conclusively stand settled and accepted. The appellant had trespassed into the complainant's house, had killed the complainant's wife and had robbed different articles available in the complainant's house which articles had later on been recovered from the appellant's custody. The appellant had made an extra-judicial confession before two witnesses and had also made a judicial confession before a Magistrate. The murder in issue had been committed by the appellant in furtherance of a robbery and a young lady in her prime had been butchered by the appellant inside her house by giving as many as 10 chhurri blows on different parts of her body. Such conduct displayed by the appellant clearly shows that the appellant is a cruel and desperate person who deserves no sympathy in the matter of his sentence. This appeal is, therefore, dismissed. MWA/T-3/SC Appeal dismissed.