1987 PLP 846 (SCMR)

Date of hearing: 2nd February, 1987. MIAN BURHANUDDIN KHAN, J.‑‑ By this petition leave is sought to appeal against the judgment of a learned single Judge of the Lahore High Court dated 13‑10‑1982, passed in Criminal Appeal No. 402/1981, on the following grounds:‑‑ (i) That the learned single Judge had erred in law in coming to the conclusion that the motive was proved in this case. (ii) That Tufail Hussain PW. 3 had admitted in his statement before the Police as well as in his cross‑examination that his wife had left his house 7/8 days before the occurrence and began to reside in the house of one Wali Sher in Chak No. 47, Mureedkay who was a close relative of Ata Muhammad Gujjar. In view of this admission to believe that he was not annoyed with his wife and that the present petitioner had murdered the deceased out of ill‑will and spite, amounts to complete misreading of the evidence on record. (iii) That the recovery of the blood‑stained knife has been made in violation of the provisions of section 103 of the Cr.P.C. as none of the persons of the locality was made a witness to attest the recovery. (iv) That the prosecution evidence is otherwise highly interested and inimical to the accused.

2. Accused /petitioner Riaz Hussain and his father Yasin Shah were tried by the learned Additional Sessions Judge, Gujranwala for committing the murder of one Mst. Sharifan. Yasin Shah was acquitted while the accused petitioner was convicted under section 302, P.P.C. and sentenced to imprisonment for life and fine. His appeal was also dismissed by the learned High Court vide the impugned judgment dated 13‑10‑1982.

3. It is in evidence that on 1‑9‑1977 at 12‑00 noon Tufail Hussain complainant P.W. 3, his wife Mst. Sharifan deceased, his daughter Mst. Azra (given up P.W.) and his son‑in‑law Yousaf (not produced) were sitting in the courtyard of their house when the accused /petitioner and his father Yasin Shah came there and started abusing the complainant. Yasin Shah gave a Lalkara saying that Tufail Hussain and the deceased Mst. Sharifan should be finished as they were known as black sheep in the Baradari whereupon the accused /petitioner Riaz Hussain attacked the deceased Mst.Sharifan with a knife wounding her fatally. The reason for the commission of the offence is stated to be that Mst. Sharifan deceased, having quarreled with her husband, left his house and lived for some time in the house of Ali Sher Gujjar. About three days prior to the occurrence she was brought back by Tufail Hussain complainant P. W.3. Being Syeds by caste Yasin Shah and Riaz Hussain did not like it.

4. We have gone through the judgments of the Courts below and examined the contentions raised by the learned counsel, as mentioned in para. 1 above and find that the charge has been brought home to the accused petitioner to the hilt, and there is no reason to doubt the statement of Tufail Hussain in whose presence Mst. Sharifan was dealt dagger blows. Dr. Gulzar Ahmad P.W.7 who had conducted the post‑mortem examination on the dead body of Mst. Sharifan, found an incised wound 1/2" x 1/4" going deep towards the cavity at left side of chest and another incised wound 1" x 1/4" going deep at left side of chest and upper part of her abdomen. Both the injuries were found to have been caused by sharp‑edged weapon and in the opinion of the' doctor, these were sufficient to cause death in the ordinary course of nature. We find no merit in this petition and refuse to grant leave. Petition dismissed. M.I./R‑15/S???????????????????????????????????????????????????????????????????????????????????????? Petition dismissed.