2026 PLP 445 (SCMR)

ATHAR MINALLAH, J.

This petition was filed by petitioners Muhammad Raees and Bakht Zameen. However, during the pendency of the petition, Bakht Zameen died and to his extent the petition was abated vide order dated 06.10.2025, therefore, it is now only to be heard and decided as far as Muhammad Races petitioner is concerned.

2. The petitioner Muhammad Raees has sought leave against the judgment dated 24.01.2023 of the Peshawar High Court, Peshawar. The petitioner along with co-accused Bakht Zameen was tried by the Additional Sessions Judge, MCTC, Mardan pursuant to registration of Crime Report No. 69 dated 11.03.2015 under Sections 302/324/148/149, P.P.C. at Police Station Garhi Kapoora, District Mardan. Three co-accused namely Yousaf, Saleem and Abdul Hameed became fugitive from law and were declared as proclaimed offenders. The Trial Court vide its judgment dated 15.01.2021 convicted the petitioner and co-accused as under:- Under Sections 302(b)/149, P.P.C. To death. They were directed to pay compensation amounting to Rs.500,000/- each to the legal heirs of the deceased or in default to further undergo simple imprisonment for six months each and shall be recoverable as arrears of land revenue from the person and estate of the convict. Under Sections 324/149, P.P.C. To RI for ten years on three counts for causing injuries to Mst. Naseem, Mst. Saira and Toti Khan, complainant with a fine of Rs.50,000/- to be paid by each accused for disbursement amongst the injured and complainant in equal shares or in default both the accused were ordered to further undergo six months SI. Under Sections 337-F(iii)/149, P.P.C. To RI for two years each for causing injuries to injured Mst. Naseem and Mst. Saira with payment of Daman in lump sum amounting to Rs. 30,000/- to be paid by each of the accused for payment to the injured Mst. Naseem and Mst. Saira or in default thereof to further undergo two months SI each. The sentences were ordered to run concurrently with benefit of Section 382-B, Cr.P.C.

3. The appeal preferred by the petitioner Muhammad Raees and co-accused Bakht Zameen was dismissed by the High Court and the murder reference was answered in the affirmative. However, the High Court ordered that the sentences of death awarded to the petitioner and co-accused shall be considered on three counts each. Being aggrieved by the impugned judgment, the petitioners Muhammad Raees and Bakht Zameen filed this petition i.e. Jail Petition No. 139/2023 before this Court but as noted above during the pendency of the petition, co-accused Bakht Zameen died, therefore, to his extent the petition was abated vide order dated 06.10.2025.

4. We have heard learned counsel for the petitioner as well as learned Law Officer at great length and have perused the record with their able assistance.

5. It was a daylight occurrence because it had taken place at 10:00 AM on 11.03.2015. The crime report was promptly lodged at 11:30 AM. In the occurrence, three innocent persons, who were father and nephews of the petitioner, were done to death. The prosecution in order to prove its case had produced Toti Khan, Mst. Saira and Mst. Naseem Bibi, who had appeared as PW-10, PW-11 and PW-12 respectively to depose the ocular account. The latter two witnesses had sustained injuries during the occurrence. The medical evidence was brought on record by Dr. Summaya (PW-4), Dr. Aziz Khan (PW-5) and Dr. Haq Nawaz (PW-8). The testimonies of the witnesses who had deposed the ocular account have been found by us to be consistent, trustworthy, confidence inspiring and reliable. The ocular account deposed by the three witnesses was supported by the medical evidence. The petitioner was arrested on 11.03.2015 i.e. the day when the occurrence had taken place and the firearm weapon was also recovered from his possession. The report of the Forensic Science Laboratory was positive. The prosecution had indeed proved the guilt of the petitioner beyond a reasonable doubt. Moreover, the commission of the offence was so gruesome, shocking and brutal that on account of the aggravated circumstances, the sentence of death handed down by the Trial Court and later confirmed by the High Court was justified. We see no reason to interfere with the well reasoned judgment of the High Court. Learned counsel for the petitioner has not been able to point out any misreading or non-reading of evidence nor was he able to persuade us that a question of law has arisen for our consideration. In view of the above, leave is refused and consequently, the petition is dismissed. It is noted that in case of failure to pay Daman, the petitioner shall be dealt with in accordance with provisions of Section 337-Y(2), P.P.C. JK/M-119/SC Petition dismissed.