2001 PLP 514 (SCMR)

RASHID AZIZ KHAN, J.

Facts leading to the filing of this petition are that Mst. Nasreen Akhtar widow of Nazir Ahmad deceased got a case registered against Ramzan, Aslam and Ashraf for the murder of her husband. During investigation, police came to the conclusion that Mst. Nasreen Akhtar was responsible for the said murder alongwith Haqnawaz, Gulsher and one Irshad. After the said investigation, they were arrested and tried by Additional Sessions Judge, Toba Tek Singh, who vide his judgment, dated 1-12-1993 found Haqnawaz and Gulsher guilty under section 302, P.P.C. and sentenced them to death. However, Irshad and Mst. Nasreen were sentenced to imprisonment for life. Haqnawaz and Gulsher were further found guilty under section 449, P.P.C. and sentenced to 10 years' R.I. each with a fine of Rs.50,000 each or in default to undergo 2 years' R.I. each. Benefit of section 382-B, Cr.P.C. was also given to the convicts. The convicts appealed and a learned Division Bench of Lahore High Court vide its judgment, dated 31-5-1999 accepted the appeal and acquitted all the convicts in the case, therefore, the present petition.

2. Learned counsel for the petitioner contended that there were statements of Qaisar Nazir and Mst. Azra Nazir, son and daughter of the deceased respectively. They deposed on oath in Court regarding involvement of their mother, Mst. Nasreen Akhtar and three others accused in the murder of their father. It was argued that in such circumstances, these statements should not be brushed aside. It is pointed out that occurrence had taken place inside the house of the deceased and blood-stained earth was also secured from the said place, therefore, statements of son and daughter of the deceased assumed importance.

3. Learned counsel for the respondents-caveator has vehemently opposed the petition by submitting that no reliance on the statements of above-referred two witnesses can be placed because earlier they supported the version given in the F.I.R. by their mother, Mst. Nasreen Akhtar. Originally the statements of Qaiser Nazir son of deceased and Mst. Azra Nazir daughter of deceased revealed that the accused person named in the F.I.R. were real culprits but afterwards when they were in the custody of their grand-parents and under their pressure, they changed their statements. We have heard both the sides at length and gone through the judgment impugned. Mst. Azra Nazir, daughter of deceased, young girl of 14 years of age, was cross-examined at length and she deposed that she did not support the version given by her mother in the F.I.R., as she was forced by her mother to do so. In cross-examination she had given total account of the occurrence which, prima facie, leaves no room for doubt that she did witness the occurrence, otherwise young girl of such an age would not be able to give deatails. In order to arrive at a just conclusion we feel reappraisal of evidence in this case should be done, therefore, we grant leave to appeal for the said purpose. Bailable warrants in the sum of Rs.50,000 each with one surety in the like amount returnable to Sessions Judge, Toba Tek Singh, shall be issued against respondents Nos. l to

4. N.H.Q/A-109/S?????????????????????????????????????????????????????????????????????? Leave granted.