1995SCMR840 (PLP)

MUHAMMAD RAFIQ TARAR, J: ‑‑Nazir Ahmed complainant/petitioner in Criminal Petition No. 215/1, of 1993 (hereinafter called the complainant) and Nisar Ahmed alias Babli convict/petitioner in Jail Petition No. 163 of 1993 (hereinafter called the petitioner) seek leave to appeal from the judgment of a learned Division Bench of the Lahore High Court dated 27‑3‑1993 whereby the conviction of the latter under section 302, P.P.C. was upheld but his death sentence was altered to imprisonment for life and with this modification his appeal was dismissed and Murder Reference No.181/90 was answered in the negative.

2. The prosecution version was that on 21‑3‑1988 at 11‑00 a.m. Nazir Ahmed complainant and his son Saeed Ahmed deceased were going to the Dera of Fazal Shah for getting tractor. The deceased was going ahead of the complainant. When they reached near Killa No. 21 and Square No. 11 suddenly Nisar alias Babli petitioner armed with a knife, his co‑accused Mukhtar Ahmed armed with a Churri and Booti Shah empty‑handed confronted them raising Lalkaras. Simultaneously Nisar gave a knife blow to the deceased hitting left side of his chest followed by another blow on the right side of the chest. Thereafter, Mukhtar Ahmed gave him several Churri blows hitting his left upper arm, back of left shoulder and right arm‑pit. Booti Shah continued raising Lalkara that Saeed Ahmed should not be spared. On the alarm of the complainant Manzoor Ahmed and Muhammad Siddique got attracted to the spot and saw the occurrence. On seeing them the accused persons ran away from the spot. Saeed Ahmed was removed to DHQ Hospital, Faisalabad where he succumbed to his injuries. The motive for the occurrence was that on the preceding night the petitioner and Saeed Ahmed had a quarrel over the price of the milk.

3. Nazir Ahmed complainant started for the police station to lodge the report. Muhammad Ashraf, Sub‑Inspector met him on Airport Morr and he reported the occurrence to .him vide his statement Exh. PF at 4'.‑15 p.m. on the basis of whcih formal F.I.R. Exh. PF/1 was recorded at the police station at 4‑35 p.m. He arrested the petitioner on 29‑3‑1988 from Bus Stand Thekariwala. On 1‑4‑1988 he led to the recovery of blood‑stained knife P3 from his residential house which was made into a sealed parcel vide memo. Exh. PE. Booti Shah accused was arrested on 2‑4‑1988 and Mukhtar Ahmed on 12‑4‑1988. After the usual investigation the accused were sent up to stand their trial.

4. On 21‑3‑1988 at 12‑45 p.m. Dr. Abdus Sattar, Medical Officer, DHQ Hospital, Faisalabad examined Saeed Ahmed deceased, when alive, and found four stab wounds (on left and right sides of chest, back of right side of chest and right arm‑pit), an incised wound on outer side of right arm, an abrasion on back of right side of chest and a contusion on front of left shoulder. On the same day at 5‑30 p.m. Dr. Muhammad Yaseen conducted the post‑mortem examination on the dead body of‑Saeed deceased. The doctor died before the trial and post‑mortem report was proved by Dr. Abdus Sattar Medical Officer, DHQ, Hospital, Faisalabad who testified the same to be in the handwriting of Dr. Muhammad Yaseen.

5. In support of its case the prosecution examined 13 witnesses in all and its main stay was the testimony of Nazir Ahmed complainant and Muhammad a Siddique P.W.

11. The prosecution also relied on the evidence relating to motive and recovery of blood‑stained knife from Nisar Ahmed alias Babli.

6. The petitioner pleaded not guilty to the charge and denied the prosecution's allegation against him. He stated that he was falsely implicated due to suspicion at the instance of Siddique P.W. who in order to save himself, got him involved in this case.

7. The learned trial Judge accepted the ocular account furnished by Nazir Ahmed complainant and‑ Muhammad Siddique P.W. 11 against the petitioner and convicted and sentenced him as mentioned above. The High Court upheld the conviction recorded by the trial Court but reduced the sentence from death to imprisonment for life as mentioned earlier.

8. After hearing the learned counsel and having gone through the evidence on the record we find that the ocular evidence furnished by the complainant and Muhammad Siddique P.W. was accepted by the Courts below for valid reasons. There was no background of previous enmity between the parties nor Muhammad Siddique P.W. had any motive to falsely implicate the petitioner in a heinous crime like murder. The conviction is thus well‑founded. 9.The death sentence of the petitioner was reduced to imprisonment for life by the High Court on the ground "that the prosecution failed to adduce specific evidence vis‑a‑vis the motive for the occurrence". This observation finds support from the record. No ground for interference with the legal sentence passed by the High Court is, therefore, made out. Resultantly both the petitions are dismissed. N.H.Q./N-398/S Leave refused.