1987 PLP 1866 (SCMR)

JAVID IQBAL, J.‑‑ Leave to appeal is being sought against the judgment dated 9th April, 1983 passed by a learned Division Bench of the Lahore High Court, Lahore in Criminal Appeal No.1064 of 1979. The facts are that the petitioner alongwith three others namely Anwar Ali, Manzur Ali and Rustam Ali was tried under section 302/326; 324/34, P.P.C. for the murder of Sajjad Ahmad deceased and having caused injuries to Iftikhar P.W.10 and Mohammad Nawaz P.W.11, and vide judgment dated 15th September 1979 the Additional Sessions Judge, Faisalabad sentenced the petitioner to life imprisonment plus fine under section 302, P.P.C. He was also convicted under section 324/34, P. P. C. on two counts and was sentenced to one year's R.I. His sentences were ordered to run concurrently. The other three were only convicted under section 326/34. P.P.C. and each of them was sentenced to seven years' R.I. plus fine. They were also convicted under section 324/34, P.P.C. on two counts and each of them was sentenced to one year's R.I. The sentences were ordered to run concurrently. In appeal before the Lahore High Court, Lahore the petitioner's convictions as well as sentences were maintained and in addition to that the sentence of fine was enhanced from Rupees five thousand to Rupees thirty thousand in the connected Criminal Revision No. 933 of 1979 which had been filed by the father of the deceased. So far as the appeal of others was concerned it was dismissed with the modification that their sentences under section 326/34, P.P.C. and under section 324/34, P.P.C. were reduced to that which they had already undergone although their sentences of fine were maintained. Therefore before us at present is only the petitioner. The occurrence took place at 1 p.m. on 16th December 1976 in Government Degree College, Samundari. Iftikhar injured P.W.10 lodged the report with the police at 2.30 p.m. on the same day in the Civil Hospital, Samundari. The petitioner was arrested on 22nd December, 1976 whereas his companions were arrested a day earlier. At the instance of the petitioner was recovered human blood‑stained knife. Human blood‑stained knives were also recovered from Anwar Ali and Manzur Ali co‑accused whereas from Rustam Ali co‑accused was recovered Soti (not blood‑stained). There are three eye‑witnesses of the occurrence namely Iftikhar P.W.10, Mohammad Nawaz P.W.11 both injured and Sarfaraz P.W.12. Iftikhar P.W. had six injuries on his person caused with sharp‑edged weapon and simple in nature whereas Mohammad Nawaz P.W. had one injury caused with sharp‑edged weapon on his person and simple in nature. These injuries included vital part like chest in both the cases So far as the deceased is concerned he had eight injuries on his person out of which five were stab wounds on the chest region, one incised wound on the pubic bone and two contusions. The three injuries on the chest caused with sharp‑edged weapon were found sufficient to cause death in the ordinary course of nature by the doctor. The motive was that Tariq Ali P.W.3 a class fellow of the deceased and the P.W.s had complained that the petitioner and his co‑accused had cut filthy jokes with him. Thereupon the deceased and the P.W.s had reprimanded the petitioners and his companions for this reason as they were all students of the Government Degree College, Samundari. The parties exchanged abuses and later on the accused party injured the deceased and the P.W.s. According to the prosecution version the deceased and the P.W.s were sitting in the college ground when the accused party passed that way. The deceased and the P.W.s reprimanded them for teasing Tariq Ali P.W. which resulted in the exchange of hot words. The parties were separated by Ijaz and Sarfaraz their fellow students. Subsequently after few hours the petitioner and his co‑accused armed with knives and Soti came to the spot. Anwar Ali co‑accused caused injuries to Iftikhar P.W. with his knife whereas the deceased was given knife blows only. by the petitioner. Manzur Ahmad co‑accused caused injuries with his knife to Mohammad Nawaz P.W. Rustam Ali co‑accused is also stated to have given Sod blows to the deceased. All the three injured were removed to the Civil Hospital, Samundari but since the condition of the deceased was precarious he was removed to the hospital at Lyallpur where he died as a result of the injuries sustained by him. It is first submitted by the learned counsel for the petitioner that there was no intention to murder in the instant case as it was a fight among the students and the petitioner was only 18 years old. Consequently there was no justification in recording conviction of the petitioner under section 302, P.P.C. and sentencing him there under. According to the learned counsel he should have at the most been convicted under section 326, P.P.C. This argument of the learned counsel has no force as according to the medical evidence the deceased who was administered injuries exclusively by the petitioner died as a result of three stab blows in the chest and abdomen region. Secondly it could not be said that there was no intention to murder the deceased on the part of the petitioner. It was secondly argued that there was no need to enhance the sentence of fine from Rupees five thousand to Rupees thirty thousand to be paid as compensation to the heirs of the deceased in the instant case. This argument of the learned counsel is also without any force. Fine had been enhanced in the connected criminal revision filed by the father of the deceased and in these days of inflation the amount of Rupees thirty thousand to be paid as compensation is not too much. It was then argued that the petitioner should have been given the benefit of the provisions of section 382‑B of the Code of Criminal Procedure. We have heard the learned counsel and in our considered view no case of re‑appraisal of evidence is made out. This petition is therefore, dismissed with the observation that the jail authorities would grant to the petitioner the benefit of the provisions of section 382‑B of the Code of Criminal Procedure at the time of the computation of his sentences of imprisonment. S.Q. /Z‑11/S Petition dismissed.