1987 PLP 69 (SCMR)

MIAN BURHANUDDIN KHAN, J.--Nisar Hussain the accused/ petitioner and Ibrar Hussain were tried by the learned Additional Sessions Judge, Sargodha for committing the murder of Zafar Abbas. They were convicted under section 302 read with section 34, P.P.C. and sentenced to death and fine of Rs.20,000 each. On appeal the learned High Court vide the impugned judgment, confirmed the death sentence, awarded to the accused /petitioner Nisar Hussain, while sentence of Ibrar Hussain was altered from death to imprisonment for life, maintaining the fine imposed on him. The appeal was not contested on merits and it was submitted that in view of the provocation caused to the accused /petitioner by abusing and slapping him in a public gathering, he may be given the benefit of lesser penalty but this argument was not accepted by the learned High Court Judges.

2. According to Ghulam Abbas P.W.3 on 4-5-1982 at Deegarvela, he and Zafar Abbas deceased were sitting on the Thara of fodder cutting machine in their cattleshed when the accused /petitioner Nisar Hussain and Ibrar Hussain came, armed with knives, attacked Zafar Abbas and wounded him fatally and he died there and then. A case was registered at the Police Station, Bhera on the report of Ghulam Abbas brother of the deceased. The accused/ petitioner Nisar Hussain and the co-accused Ibrar Hussain, in their statements, at the trial, denied their complicity in the crime and also denied the recovery of blood-stained knives.

3. Learned counsel, seeking leave, contended that the death sentence awarded to Nisar Hussain is not justified in the circumstances of the case particularly when the motive alleged by the prosecution was of very trivial nature; that the motive for the crime is such that the intention to commit murder could not be ascribed to the accused/ petitioner keeping in view the relationship of the parties; that it was merely to avenge the insult meted out to the accused /petitioner by the deceased publicly, and in the circumstances, lesser penalty would meet the ends of justice.

4. Motive stated for the crime was that the accused /petitioner, who is a maternal-cousin of the complainant Ghulam Abbas had, a month prior to the occurrence, teased some women during the Urs of the grandfather of the complainant. Zafar Abbas deceased had reprimanded the accused /petitioner; after exchange of abuses Zafar Abbas had slapped Nasir Hussain accused /petitioner. They were separated by the complainant Ghulam Abbas and Allah Bakhsh Gondal. The accused /petitioner felt aggrieved and humiliated, and, therefore, he murdered the deceased to avenge the insult.

5. We have gone through the evidence and judgments of the Courts below and find no substance in the arguments of the learned counsel. The deceased has been caused as many as 5 stab wounds cutting his pleura and right lung and in the opinion of the doctor, death of the deceased was caused due to shock and haemorrhage caused by injuries Nos. 1 and 2 which were sufficient to cause the death individually. Thus, no leniency could be shown to the accused/ petitioner as there is no laudable motive for the commission of the crime. As the accused /petitioner teased the female visitors at the solemn occasion of Urs the deceased was perfectly within his right to reprimand and even to give a beating to the accused /petitioner. We find no merit in this petition. Leave refused. Petition dismissed. M.I./N-33/S Petition dismissed.