1983 PLP 638 (SCMR)

(b) Constitution of Pakistan (1973)‑ ‑‑Art. 185 (3)‑Sentence, enhancement of‑Petition for enhance ment of sentence barred by 40 days‑‑Reasons advanced for condona tion of delay not convincing‑Petition dismissed as barred by time. Ch. Muhammad Abdul Wahid, Advocate Supreme Court with Kh. Akhtar Ali. Advocate‑on‑Record (in Cr. P. 143‑R/82) with Bashir Zafar Advocate Supreme Court, (in Cr. P. 135‑R 821 for Petitioner. Nemo for the State. Date of hearing : 12th October, 1982. ASLAM RIAZ HUSSAIN, J.‑This order shall dispose of two petitions (Cr. P.S.L.A. No. 143‑R/82 and Cr. P.S.L.A. No. 135‑R/82) as both of them are directed against the same judgment of the High Court. Cr. P.S.L.A. No. 143‑R/82 has been filed by Khizar Hayat and two others against their conviction and sentences, while Cr. P.S:L.A. No. 135‑RJ82 has been filed by Ghulam Nabi petitioner for enhancement of the sentences of the respondents (appellants in the former petition). The petitioners in Cr. P.S.L.A. No. 143‑Ri82 were tried alongwith 7 others for the murder of Ghulam and having made a murderous assault on Ghulam Rasool (P.W. 9) Salehoon (P.W. 10) Muhammad Hayat (P.W. 11) and Lal Khan (not produced). The trial Court acquitted 5 of the co‑accused but convicted the present three petitioners, Ata Muhammad and Iftkhar Ahmed, and sentenced by the Sessions Judge, Gujrat by his judgment dated 10th July, 1980, under sections 302/ 149, P.P.C. and 307/149, P.P.C. On the first count each of them was sentenced to imprisonment for life and a fine of Rs. 10,000 each and in default of payment of fine they were ordered to further undergo R.I. for one year each. Fine on recovery would be paid to the heirs of the deceased under section 544‑A, Cr. P.C. as compensation. On the second count they were sentenced to 3 years' R.I. each and a fine of Rs. 5,000 each or in default of payment of fine to further undergo R.I. for six months each. They were also ordered to pay Rs. 5,000 each as com pensation to the injured witnesses under section 544‑A, Cr. P.C. They were also sentenced under section 148, P.P.C. to 3 years' R.I. each. On appeal the High Court also acquitted Ata and Iftikhar but maintained the conviction and sentences of the present petitioners. Still not satisfied they have filed the present petition.

2. Having gone through the impugned judgment we find that the prosecution relied on the evidence of as many as 5 witnesses out of which 3 witnesses namely Ghulam Rasool (P.W. 9) Salehoon (P.W. 10) and Muhammad Hayat (P.W. 11) had suffered injuries during the incident. In view of the fact that while the deceased and the afore‑mentioned P.Ws. suffered 17 injuries, and four of the accused petitioners also suffered as many as 13 injuries, the learned Court held that it was not a premeditated murder but was the result of a free fight between parties in which each person responsible for his own acts. The petitioners and Ata Muhammad and Iftikhar filed an appeal before the High Court which as stated above, acquitted Ata Muhammad and lftikhar. The spear injuries on the body of the deceased were attributed by the witnesses to the present petitioners. It is this reason that their conviction and sentence under section 302/34, P.P.C was maintained. 3 We have heard the learned counsel for the petitioners (in Cr., P.S.L.‑ No. 143‑R/82) who has not raised any question of law and only prays for re‑appraisal of evidence. Having gone through the impugned judgment we do not consider this to be a fit case for re‑appraisal of evidence. The petition is consequently dismissed.

4. As regards Cr. P.S.L.A. No. 135‑R/82 filed by Ghulam Nabi for enhancement of the respondents' sentences is barred by 40 days and the reasons advanced by their learned counsel for condonation are not convinc ing. This petition is, therefore, dismissed as barred by limitation. Petition dismissed.