1987 PLP 137 (SCMR)

Date of hearing: 21st October, 1986. ASLAM RIAZ HUSSAIN, J.‑‑This order will dispose of Criminal Petition for Leave to Appeal No. 5 of 1983 filed by Bashir Ahmad alias Kook and Jail Petition No.87‑R of 1983 filed by Fazal‑ur‑Rehman. The aforementioned two petitioners were tried alongwith two others namely Muhammad Sharif and Abdul Hamid for the murder of Irshad Khan and making murderous assault on the lives of Muhammad Rafiq (P.W.8) and Bashir Ahmad (not produced). The last mentioned two persons had received fire‑arm injuries during the incident. 2.Motive of the occurrence is stated to be an attempt by the accused person to take forcible possession of a piece of land.

3. Abdul Hamid co‑accused was acquitted by the trial Court while Muhammad Sharif co‑accused was acquitted by the High Court. As for the remaining two persons who are. petitioners in the present petitions before us, Bashir Ahmad was sentenced to death and a fine of Rs.5,000 (6 months' further R.I. in case of default of payment of fine) under section 302, P.P.C. and 10 years' R.I. under section 307/34, P.P.C. and Fazalur Rehman was sentenced to imprisonment for life and a fine of Rs.5,000 (6 months' R.I. in default of payment of fine). Their appeal before the High Court was dismissed and the death sentence of Bashir Ahmad petitioner was confirmed. Not feeling satisfied Bashir Ahmad has filed Criminal Petition No. 5 of 1983 and Fazalur Rehman has filed Jail Petition No.87‑R of 1983.

4. Prosecution version briefly is that on 18‑7‑1980, in a Bazar in Chunian, the petitioner (armed with a Khanjar), alongwith his co‑accused Fazal‑ur‑Rehman and two others, at about 9‑00 a. m. attacked the deceased on account of an earlier scuffle ever a piece of land. After a short time the accused attacked Irshad Khan. Bashir Ahmad inflicted two dagger blows on his waist and the other his back which proved fatal, while Fazalur Rehman co‑accused fired with his revolver which hit the deceased on his thigh. As a result of his firing two other persons, including Muhammad Rafiq (P.W.8) were also injured. The occurrence 'was also witnessed by Muhammad Amin (P.W.7). Both of these witnesses supported the prosecution version at the trial. The accused were arrested on the same day. The deceased died in the hospital and recovery of dagger (P.1) and revolver (P.3) was effected from them.

5. We have‑ heard the learned counsel for Bashir Ahmad at considerable length. All that he wants is reappraisal of evidence on the record and reversal of the findings of fact arrived at by the High Court. On perusal of the relevant portions of the judgments of the Courts below and evidence on the record we do not consider it a fit case for that exercise. His Petition (CrI.P. No. 5 of 1983) is, therefore, dismissed.

6. The facts of the case of Fazalur Rehman in Jail Petition No.87‑R of 1983 are the same and the plea taken up by him is similar. His petition is also dismissed for the same reasons as that of Bashir Ahmad. M. I. Petitions dismissed.