1990 PLP 432 (SCMR)

‑‑‑Ss.302 & 307‑‑Constitution of Pakistan (1973), Art. l85(3)‑‑Evidence, appreciation of‑‑Broad daylight occurrence occurring in the house of deceased persons‑‑Presence of witnesses was natural and one of them had received injury on her person‑‑No reason existing either for false implication or doubting identification of assailant‑‑Statement of injured eye‑witness besides testimony of other witnesses finding support from medical evidence, recovery of crime weapon and abscondence of accused immediately after incident‑‑Plea of accused that deceased were killed by firing of neighbours was irrelevant and did not appeal to reason‑‑Conviction of accused thus was well founded. S. USMAN ALI SHAH, J.‑‑Ali Bahadur son of Hashim Ali, petitioner in this jail petition was tried by the learned trial Judge under section 302, P.P.C. (on three counts) and 307, P.P.C. for the brutal murders of Qalandar Khan, his wife Mst. Zaibo Jan and Mst. Zakaria Jan wife of Zardad and an attempt to murder Mst. Hanifa Jan daughter of Qalandar Khan (deceased) and was found guilty of the offence and awarded death sentence to him on each count under section

302. P.P.C. and 5 years' R.I. under section 307, P.P.C. The occurrence took place in the house of Qalandar Khan (deceased) on 6‑7‑1979 at `Degar Nimaz Vela'. The eye‑witnesses produced by the prosecution included Nawab Khan complainant, brother of the deceased Qalandar Khan, Mst. Hanifa Jan who received injury at the hands of the accused, Mst. Chanan Jan sister of the complainant, Jehan Dad and Shah Dad both nephews of the complainant. The ocular account of the case is convincing. On appeal to the High Court by the accused against his conviction and sentences, the learned Judges of the Division Bench of the High Court after a thorough scrutiny of the entire evidence on record dismissed the appeal of the petitioner and his death sentence on each count was confirmed vide judgment dated 7‑2‑1984. After perusal of the judgment of the trial Court as well as the High Court, I have no doubt in my mind that the prosecution has been able to prove its case against the accused petitioner beyond reasonable doubt. It is a broad‑day occurrence, enacted in the house of all the deceased and the presence of Mst. Hanifa Jan at the time of occurrence is natural and proved by the injury on her person. There is no reason either for false implication or identification of the assailant. The statement of this eye‑witness besides the testimony of other witnesses, also finds support from the medical evidence, recovery of shot gun used in the commission of the offence and abscondence of the accused immediately after the incident. However, the plea taken by the accused petitioner was that he was at Karachi and when arrested and came to Abbottabad, he was told by the people that Mst. Hanifa Jan and Mst. Zakaria Jan with some vagabonds were enjoying on his roof on the summer night and when objected by the neighbours, they started pelting stones on them and in return the neighbours started firing from their roofs which has resulted in the murder of the deceased. This plea of the petitioner seems to be irrelevant and does not appeal to reason, therefore, it has rightly been disbelieved by the Courts below. In view of the above I am of the opinion that the conviction of the petitioner under section 302/307, P.P.C., recorded by the learned trial Judge and confirmed by the learned Judges of the Division Bench of the High Court is well- founded and is to be maintained. This jail petition is to be dismissed accordingly. However, in view of the general order of the President, the sentence of the petitioner has already been commuted to imprisonment for life. NASIM HASAN SHAH, J.‑‑I agree. M.A.K./A‑609.S Petition dismissed.