1987 PLP 681 (SCMR)

Nemo for the State. Date of hearing: 2nd February, 1987. MIAN BURHANUDDIN KHAN, J.‑‑Accused/petitioners Muhammad Manzoor and Muhammad Siddiq alongwith Muhammad Ashfaq and Muhammad Hussain were tried by the learned Additional Sessions Judge, Lahore for committing the murder of Muhammad Aslam. The first mentioned three accused were convicted under section 302 read with section 34, P. P. C . and were sentenced to imprisonment for life and fine of Rs. 3, 000 each, while the last mentioned accused namely Muhammad Hussain was acquitted. On appeal, the learned High Court Judge acquitted Muhammad Ashfaq giving him the benefit of doubt, but rejected the appeal of the accused /petitioners Muhammad Manzoor and Muhammad Siddiq vide the impugned judgment dated 17‑3‑1982.

2. The accused were put on trial for committing the murder of Muhammad Aslam on 30‑3‑1976 at about 8 a.m. in Chah Bhangian, Police Station, Baghbanpura while the deceased was proceeding to his house alongwith his brother Ziafat Ali P.W.3. When they reached near Chah Bhangian they were accosted by the four accused who were armed with deadly weapons and they attacked the deceased Muhammad Aslam. Muhammad Manzoor gave dagger blows to the deceased on the right side of chest, belly and right hand while Muhammad Siddiq dealt dagger blows on the left side of belly, left flank and left hand of Aslam deceased. Aslam ran for his life and entered the depot of Yasin. He was chased by the accused /petitioners and was further assaulted with daggers inside the depot. On the alarm raised by the witnesses, people gathered on the spot and rescued the deceased but the accused succeeded in making good their escape. The deceased Muhammad Aslam was taken to the hospital by Ziafat Ali where he succumbed to the injuries at about 5‑15 p.m. the same day.

3. Motive for the commission of the crime is stated to be that some time before the occurrence Muhammad Sharif, father of the accused/ petitioners Manzoor and Siddiq was insulted by the deceased Muhammad Aslam, and this led to a quarrel between the parties. However, on the intervention of the elders of the village, the matter was patched up, but, it is alleged that the accused /petitioners nursed the grudge on this count, which led to the present occurrence. 4.Now leave is being sought on the ground that initially in the F.I.R. Muhammad Sharif, father of the accused /petitioners was also charged, but later on this stance was changed by supplementary statement wherein the complainant exonerated Muhammad Sharif and substituted the name of Muhammad Hussain as one of the accused; that it has been admitted by the prosecution that Muhammad Sharif, father of the accused/ petitioners, was gravely insulted by the deceased, and, therefore, it cannot be held that it was a case of deliberate murder; that the accused/ petitioners being young persons, had taken the insult of their father as unforgivable offence on the part of the deceased and this constituted the element of grave and sudden provocation; that the prosecution evidence is highly tainted and full of contradiction, and, hence the accused/ petitioners would be entitled to clear acquittal.

5. We have examined the contentions raised by the learned counsel for the accused /petitioners, gone through the judgments of the Courts below, and find that that the prosecution evidence is substantially correct. Dr. Mukthar Ali P.W.13 had examined the deceased when he was still alive, had found 8 incised wounds and several stab wounds of various dimensions and when Aslam deceased succumbed to the injuries, Dr. Tahir Anees conducted the post‑mortem examination on the dead body of the deceased and gave detail of as many as 27 injuries of which injuries Nos. 13, 14 and 16, according to the doctor, were sufficient to cause death in the ordinary course of nature. Learned counsel wanted to make a point out of the number of injuries but we do not consider this to be of any serious consequence. We are of the view that the prosecution has established its case against the accused/ petitioners Muhammad Manzoor and Muhammad Siddiq. They are brothers inter se and had strong motive to attack the deceased in order to avenge the insult caused to their father by the deceased but this happened three days earlier to the present occurrence and the accused/ petitioners had enough time to think over the incident and cool down instead of attacking the deceased mercilessly with dagger blows. We find no merit in this petition and refuse to grant leave. Petition dismissed. M.I. /M‑27/S Petition dismissed.