1983 PLP 667 (SCMR)

‑‑ S. 302‑Murder‑Sentence‑Conviction of accused by trial Court found to have been maintained by High Court on proper appraisal of evidence‑No interference called for‑Accused, how ever, placing on file compromise effected between him an heirs of deceased and affidavits showing that they received amount of khoon baha from accused‑Sentence, of death altered to that of life imprisonment in view of compromise.‑[Sentence]. Khalid Farooq Quraishi, Advocate Supreme Court and Ejaz A. Khan, Advocate‑on‑Record for Appellant. Karam Elahi ehatti, Advocate‑on‑Record for the State. Date of hearing : 18th April, 1983. MIAN BURHANUDDIN KHAN, J.‑Nazar Muhammad along with Zahur Ahmad, Nazar Ahmad son of Allah Bakhsh, Manzur Ahmad and Nur Muhammad (died during the trial) was tried under section 302, on two counts for committing ‑the murder of Mst. Ghulam Fatima and Hazur Abmad son of Sher Muhammad, and also under sections 307, 452, 149 and 148, P. P. C. by the learned Sessions Judge, Bahawalpur.,

2. The deceased Mst. Ghulam Fatima was living with her in‑laws after the death of her husband and on the date of occurrence at about morning time she was married to Gul ' Muhammad brother of her late husband to which Nazar Muhammad and other accused took exception. They entered his house. Nazar Muhammad was armed with a gun. He fired at Hazur Ahmad brother of Gul Muhammad and also fired at Mst. Ghulam Fatma. Both died on the spot. The learned trial Judge awarded death sentence to the appellant on two counts and ‑to pay fine of Rs. 5,000 on each count or in default, suffer R.I. for three years on each count. He was also sentenced to three years' R.I. under sections 148, 452/149 and 307/ 149 and his sentence of imprisonment was ordered to run concurrently to the sentence under section 302/149, in case his death sentence was not confirmed by the High Court, while other accused were sentenced to imprisonment for life. On appeal the learned Judges of the Lahore High Court confirmed the death sentence of Nazar Muhammad appellant and converted the conviction of other accused into one under section 323, P. P. C.

3. We. have heard the learned counsel for the appellant but we find that conviction of the accused /appellant has been maintained on ,proper 'appraisal of the evidence. The occurrence took place inside the house of the complainant where Hazur Ahmad and Mst. Ghulam Fatma were shot dead, Having carefully examined the case we find no reason to interfere with the impugned order of the learned High Court. However, the appellant has placed on file a compromise effected between him and Gul Muhammad, brother, (2) Mst. Zohran Widow, (3) Allah Ditta, (4) Muhammad Ramzan sons of deceased Hazur Ahmad, (5) Khadim Hussain and (6) Muhammad Qasim sons of deceased Mst. Ghulam Fatma. Lambardar was present who identified the signatories to the com promise. and placed affidavits of these persons as heirs of the two deceased who have received the amount of Khunhaha from the appellant and the fact is mentioned in the affidavits on record. In view of this we alter the death sentence awarded on two counts to the appellant to life imprisonment on the said counts and maintain the sentence of fine imposed by the learned trial Court. The appeal is dis missed accordingly and while doing so we would extend the benefits of section 382‑B, Cr. P. C. to him. Appeal dismissed.