2002 SCMR 1191 (PLP)

SYED DEEDAR HUSSAIN SHAH, J.‑‑‑Petitioner seeks `leave to appeal against the judgment dated 19‑7‑2001 passed by the Lahore High Court, Lahore in Criminal Appeal No. 742 of 1996 and Murder Reference No.216 of 1996, whereby appeal of petitioner Faiz Ahmed was dismissed and murder reference remitted by the learned trial Court, was affirmed. Brief facts of the case are that Aman Ullah father of Muhammad Sharif deceased lodged the F.I.R. on 30‑3‑1994 at 10‑15 a.m. with Police Station Ahmadpur Sial, District Jhang stating therein that he alongwith his son Muhammad Sharif and his nephew Safdar Javed son of Ghulam Haider was going towards Hospital at Ahmadpur Sial so as to know the health of his brother Ehsanullah at about 10‑15 a.m. when they reached near graveyard bus stand, Faiz Ahmad petitioner having dagger, and Zafar Ali armed with knife all of a sudden came from the wheat crop. Faiz Ahmed raised Lalkara that Muhammad Sharif and others will not be spared for getting cases registered against them, whereupon Faiz Ahmad inflicted a dagger blow on the left side of the chest of Muhammad Sharif. He also caused second dagger blow on his right thigh, whereas Zafar Ali caused a knife blow near right eye of Faiz Ahmad. Safdar Javed intervened to rescue them, whereupon Zafar Ali, gave knife blow to him and caused several blows to Safdar Javed, who also fell down. Complainant party raised cries which attracted Jewan son of Allah Bakhsh, Sultan son of Muhammad Bakhsh and other people to the spot who saw the incident and they requested the accused persons not to cause further harm and thereafter; they got them relieved from their clutches. Muhammad Sharif died on the spot on account of the injuries. Motive for the incident is that both sides are engaged in litigation. After registration of the case and completion of investigation, charge‑sheet was submitted by the police in the. Court of law. The prosecution adduced material evidence, which was accepted by the trial Court and vide judgment dated 31‑7‑1996. The trial Court found Faiz Ahmed and Zafar Ali guilty of the charge and convicted them under sections 302/324, P.P.C. and sentenced them to death. They were further directed to pay Rs.10,000 each to the legal heirs of the deceased as compensation under section 544‑A, Cr.P.C. Hence, this petition.

3. Sardar Faiz Muhammad Khosa, learned counsel for the petitioner, inter alia, contended that the learned High Court did not consider the case in its proper perspective and that on the same evidence Zafar Ali was acquitted of the charge under section 302, P.P.C. and he was convicted under section 324/34, P.P.C. and the petitioner should have been given the benefit of doubt and acquitted of the charge. Last limb of his arguments was that sentence of death is severe and harsh one.

4. We have considered the arguments of the learned counsel for the petitioner and carefully examined the record. This incident took place at about 10‑15 a.m. whereas F.I.R. lodged without loss of time at about 10‑45 a.m. within 30 minutes of the occurrence giving active role of the petitioner that he caused dagger blow on the chest of the deceased Muhammad Sharif and he caused also second injury on the thigh of the deceases. Zafar Ali co -accused was acquitted of the charge of murder giving him benefit of doubt because he was alleged to have caused knife blow on the person of petitioner which was not supported by the medical evidence. The allegation against accused that he caused dagger blow on the person of deceased is supported by reliable and trustworthy ocular evidence supported by medical evidence furnished by Dr. Muhammad Salim P. W.1, who found the following injuries on the person of deceased: "(1) A stabbed wound 3 c.m. x 1‑1/2 c.m. x cavity deep on the left side of chest 2‑1/2 c.m. inner to the left nipple. "(2) An incised wound 3 x 1‑1/2 c.m. x mussle deep on the upper and outer part of front of left thigh. "(3) An abrasion 1 x 1/6 c.m. x 1‑1/2 c.m. outer to the left eye."

5. According to the doctor, "the cause of death in my opinion was due to shock and hemorrhage due to injury No.l which had injured the chest wall 5th cartridges, left pleura, pericardium, right atrium of the heart through and through) which was sufficient to cause death in the ordinary course of nature. Injuries Nos 2 and 3 were simple in nature "

6. The trial Court as well as the learned High Court had properly I considered the evidence and for brutal murder caused by the petitioner he has rightly been awarded the death penalty, we do not find misreading or non -reading of natural evidence, whereas the High Court has given sound and cogent reasons and dismissed the appeal of the petitioner and confirmed the death sentence. The impugned judgment is based on law laid down by this Court, relevant paragraph of the impugned judgment reads as under: "

16. We are fully satisfied with guilt of Faiz Ahmad appellant. He produced fatal wound on most vital part of body of the deceased. This injury had caused extensive damage to vulnerable internal organs of thorax cavity of the deceased. Motive behind the occurrence finds mention in the F.I.R specifically and the witnesses have also supported it. No extenuating circumstances are available on the surface of evidence, so we maintain conviction and sentences awarded to Faiz Ahmad appellant. "

7. We further find that the matter of general public importance as contemplated under Article 185(3) of the. Constitution of the Islamic C Republic of Pakistan is not involved. The petition is without merit and substance, the same is hereby dismissed and leave refused. N.H.Q./F‑55/S Leave refused.