2004 PLP 945 (SCMR)

IFTIKHAR MUHAMMAD CHAUDHRY, J.

Leave to appeal is sought against the judgment dated 1‑6‑2001 passed by a learned Single Judge of the Lahore High Court, whereby Criminal Appeal No.792 of 1997 filed by petitioners was partly allowed and their sentence of life imprisonment under section 302/34. P.P.C. was reduced to 10 years R.I. on account of their tender age. Precisely stating facts of the case, are that Shahbaz Gul deceased was a student of 8th Class On 13‑9‑1995 at about 8‑30 p.m. when the complainant Gul Muhammad was watching television alongwith his wife and sons Aamar Shahzad and Shahbaz Gul, they heard a knock at the door and to reply thereto, they found that Muhammad Nawaz and Nadeem, present petitioners, came to their house and they asked about Shahbaz Gul as they wanted to take him with them for some urgent piece of work. It was about 8‑30 p.m. that Shahbaz Gul was taken away by them on the understanding that they will return after a shortwhile Shahbaz Gul, however, did not return for quite some time. On getting suspicion the complainant and his wife searched for them. However, at about 4‑00 a.m. in the morning there was a knock at the door. The complainant and his son Aamar Shahzad came out and they found that Muhammad Nawaz and Nadeem, present petitioners, were present alongwith Shahbaz Gul and they made the latter sit on a stair who was almost unconscious. On a query they did not explain anything, rather they fled from the house of the complainant. Shahbaz Gul could not even stand properly. The complainant took him to the Government Aziz Bhatti Shaheed Hospital, Gujrat, where he was admitted but unluckily expired after some time in the morning. The complainant was prevented from reporting the matter to the police by the respectables of the area. He was, therefore, buried after performance of usual rites: On 1‑7‑1996 i.e. after about nine and a half months it was transpired that the deceased used to prevent the petitioners from teasing the girls and also asked them to refrain from indecent traits. Out of said grievance, the petitioners killed the complainant's son Shahbaz Gul by administering some poisonous material. The dead body of the deceased was exhumed by disinternment of his grave. The post‑mortem report was prepared thereafter. The relevant specimens were sent to the office of the Chemical Examiner which revealed that death of the deceased had occurred on account of administering of some poisonous matter. After usual investigation of the case the petitioners were sent up to face trial in the Court of learned Sessions Judge, Gujrat. He found both the petitioners guilty of the offence and sentenced both of them to imprisonment for life and also to pay a fine of Rs.1,00,000 each and in default to suffer further R.I. for two years each. The amount of fine, if recovered, was ordered to be paid to the legal heirs of the deceased. Both the petitioners assailed their convictions and sentences before the Lahore High Court, Lahore through Criminal Appeal No.792 of 1997. A learned Single Judge through his judgment dated 1‑6‑2001 partly allowed the above appeal and sentence of life imprisonment awarded to them under section 302/34, P.P.C., was reduced to 10 years R.I. on account of their tender age. Hence, this petition for leave to appeal. We have heard petitioner's counsel and after having gone through the impugned judgment as well as the order of this Court in Criminal Petition No. 434‑L of 2001 whereby' the petition for leave to appeal for the purpose of enhancement of sentence has been dismissed and holding that on account of tender age of the petitioners, the case for taking a lenient view is made out on the facts and circumstances of the case which requires the case to be falling within the purview of the section 302, P.P.C. therefore, in view of such, we are of the opinion that since lenient view has already been taken against the petitioner, therefore no interference is called for in the impugned judgment which appears to be just and proper. Thus for the foregoing reasons, we see no force in the instant petition and the same is dismissed. N.H.Q./M‑593/S Leave refused