2004 PLP 246 (SCMR)

IFTIKHAR MUHAMMAD CHAUDHRY, J.

These petitions' for leave to appeal have been filed against the judgment dated 10th October, 2001 passed by Lahore High Court, Lahore whereby criminal appeals filed by petitioners (in both cases) have been- dismissed and conviction/sentence awarded to them by the trial Court vide judgment, dated 28th September, 1999 has been maintained.

2. Precisely stating the facts of the case are that complainant Muhammad Anwar got registered a case vide F.I.R. No. 281, dated 21st July, 1994 with Police Station Theekriwala, Faisalabad alleging therein that he alongwith Muhammad Arif (deceased) were going on a motorcycle towards Chak No.30/JB, leading to Faisalabad: When they reached in Square No. 70 Killa No.15, Ashiq Hussain, son of Muhammad Ali armed with iron-rod came out of the sugarcane crops and asked Arif to stop the motorcycle, who did not stop. Ashiq Hussain came in front of motorcycle and caught hold of Muhammad Arif and put him on the ground and- inflicted a blow with iron-rod which hit Muhammad Arif on the backside of his head. In the meantime, Ibrar Hussain armed with iron-rod, Mukhtar Ahmad armed with iron-rod, Sabir Hussain armed with iron-pipe, Muhammad Anwar armed with .7 mm rifle, Talib Hussain armed with .12. bore gun, Manzoor Hussain armed with Bang came out from the sugarcane crops raising Lalkara that they will not let Muhammad Arif alive and then started causing injuries with their respective weapons to Muhammad Arif who -received injuries on his person. Complainant due to fear did not interfere. In the meantime Karamat Hussain and Muhammad Sharif also came there and witnessed the occurrence. Muhammad Arif in injured condition was admitted in Civil Hospital where on 16th August, 1994 he succumbed .to the injuries.

3. Motive behind the occurrence was that there was a civil litigation between Muhammad Arif and accused party.

4. Initially case was registered under sections 324/337-A(ii), 337-F(iii), 337-F(iv), 148/149, P.P.C.' but after the death of Muhammad Arif on 16th August, 1994, section 302, P.P.C. was added.

5. On completion of usual investigation, challan of the case was submitted in the Court of Additional Sessions Judge Faisalabad. Accordingly, charge as framed to which petitioners did not plead guilty and claimed to face trial. After recording the statement of P.Ws., statements of the accused under section 342, Cr.P.C. and having gone through the relevant record, facts and circumstances, learned trial Judge vide his judgment dated 28th September, 1999 convicted the petitioners under sections 302/34, P.P.C. and sentenced them to undergo life imprisonment each with fine of Rs.25,000 each or in default one year S.I. Benefit of section 382-B, Cr.P.C. was also granted to them. Fine, if recovered, half of it was ordered to be paid to the legal heirs of deceased. Rest of the accused were acquitted.

6. Petitioners feeling aggrieved from the judgment of the trial Court approached the learned High Court by way of filing criminal appeals which came up for hearing before a Single Judge, in Chambers of Lahore High Court, Lahore who by means of impugned judgment, dismissed both the appeals. As such petitioners Ibrar Hussain and Ashiq Hussain filed Criminal Petition No.711-L of 2001 whereas Mukhtar Ahmed and Nazar Hussain filed Jail Petition No.190 of 2001, challenging their conviction/sentence awarded to them by the trial Court and confirmed by the High Court.

7. We have heard the learned counsel for petitioners and have also gone through the judgments passed by learned Additional Sessions Judge, Faisalabad and learned High Court: A careful perusal of the judgments as well as record persuade us to grant leave to appeal for reappraisal of evidence. As such, leave to appeal is granted in both the petitions for reappraisal of evidence. N.H.Q./I-58/S. Leave granted.