1977 PLP 133 (SCMR)

MUHAMMAD YAQUB ALI J.‑Leave to appeal was granted to Muhammad was convict under section 302 read with section 149, P. P. C. only to consider the property of the death sentence awarded to him by the Sessions Judge Campbellpur and confirmed on appeal and reference by a Division Judge , Bench of the High Court. Muhammad Nawaz was tried alongwith five others for committing the murder of his co‑villager Jewan over land dispute and causing grevious and simple injuries to Mst. Muhammad Jan, Muhammad Khan and Mst. Malkan simple in The trial Judge convicted all the six P. Ws. accused and on the principal count sentenced Muhammad Nawaz to death others to transportation for life. On appeal and Reference under and the under Mst. Bakhan and Mst. Fatima section 374, Cr. P. C. the High Court acquitted Mst.Makhan and Mst.Fatima accused giving them the benefit of doubt but dismissed the appeal of the rest accused giving confirming the death sentence awarded to Muhammad Nawaz. It was contended that according to the medical evidence the fatal injuries on the deceased were caused by blurt weapons while Muhammad Nawaz was armed with a hatchet and had caused injuries with it to the deceased on the head. On this premises it was maintained that it was not a fit case to award the extreme penalty of death to him. There is little force in the plea raised in support of the appeal. The following four injuries caused by hatchet were found on the person of the deceased: (1) An incised wound l " X " bone deep on the back of occipital bone, external prouberance, oblique in direction. Both ends were tapering. (2) An incised wound 1 " X skin deep on the upper part of left parietal iminance, oblique in direction, both ends tapering dried blood was present in the wound. (3) An incised wound on middle of top of head 2" above the hair line of forehead oblique in direction 2 " X " bone deep both ends tapering coagulated blood was present in the wound. (4) An incised wound on back of right elbow joint over the head of ulna upper end " X " 1 " deep. The bone was cut under the wound clotted blood was present in the wound. Injuries 1 to 3 had injured the scalp. The motive and nature of these injuries unmistakably indicate that Muhammad Nawaz appellant had inflicted hatchet blows on the head of the deceased with full force. We further find one incised wound 2 " X " bone deep on the forehead of Mst. Muhammad Jan (P. W.) and an incised wound 1 " X 1/3 " on the top of the head of Muhammad Khan (P. W). The appellant had thus played major role in mounting an armed attack on the deceased and his family members. He also had the motive to kill Jewan. The land in dispute was allotted to the deceased under the Land Reforms Regulations. Muhammad Nawaz appellant who is married to the daughter of Jewan took possession of the land and in his absence cultivated Jawar (fodder) in it. When the deceased came to know of it on his return to the village from Pindi Gheb, he replough ed the land to assert his possession. While he was engaged in this operation Muhammad Nawaz accompanied by his five co‑accused came to the fields and attacked Jewan and the aforementioned injured P. Ws. who happened to be present there. The circumstances narrated above leave no doubt in our minds that Muhammad Nawaz was the chief culprit and others had joined in the attack at his instance. In this view the sentence of death has been rightly awarded to him. The appeal is dismissed. Appeal dismissed