1983 PLP 1034 (SCMR)

M. S. H. QURAISHI J.‑The petitioner was found guilty under section 302, P. P. C. of the murder of Azizullah Khan deceased and was accordingly sentenced by the Sessions Judge, Mianwali, to imprisonment for life. His appeal before the Lahore High Court having been dismissed, he now seeks leave to appeal.

2. The occurrence had taken place on 30‑3‑1968 at 6‑30 p. m. in Mohallah Muhajreen, village Piplart, about a furlong away from P. S. Piplan. The deceased alongwith his maternal‑uncle Abdul Qadeer Khan had at that time been coming towards his house. The petitioner, who came from the opposite side, shouted that he would avenge the beating given by the deceased's uncle Tufail Ahmed to his (petition's) uncle Ghulam Sarwar, took out a knife and plunged the same on the left side of the chest of the deceased. At the alarm raised by Abdul Qadeer Khan, Muhammad Amir, Hafiz Ghulam Muhammad and Abdul Qayyum, P. Ws., came and saw the occurrence, but the petitioner managed to make good his escape. The deceased was taken to the police station but he succumbed to his injuries before reaching there. Abdul Qadeer Khan lodged report at 7‑30 p. m. The petitioner was arrested the next day. Some seven months before the occurrence, the deceased's uncle Tufail Ahmed and others had given beating to Ghulam Sarwar, uncle of the petitioner in respect of which a criminal case was pending at the time of the occurrence. This, according to the prosecution, was the motive for the crime.

4. The evidence against the petitioner constituted the ocular testimony of Abdul Qadeer Khan (P.W. 5) maternal‑uncle, Hafiz Ghulam Muhammad (p. W. 6) paternal uncle and Abdul Qayyum (P. W. 7) a first cousin of the deceased. The medical evidence supported their version inasmuch as a stab wound, 2/3' x 1/4", obliquely over the front of left chest 1 above and medical to the left nipple, was found on the person of the deceased. The pleura on left side bad been injured, the lower part of left lung had also been injured, the pericardium had been pierced while the left ventricle of heart was pierced through and through. The petitioner's plea was of false implication on account of enmity. According to him, the deceased had a quarrel with his class‑fellows while returning from a kabaddi match and in the Melee which followed he had been stabbed by someone in the darkness. He, how ever, led no defence. The prosecution story had been believed by the trial Court.

5. It had been contended before the High Court that in view of the subsisting enmity between the parties, the eye‑witnesses, who were closely related to the deceased, should not have been believed in the absence of corroboration, that the occurrence had taken place at a time where it was not possible to identify the assailant and that the trial had been vitiated on account of non‑supply to the petitioner of copies of certain statements. All these contentions were, however, rejected by the High Court after detailed reasoning.

6. Learned counsel contends that in view of the subsisting enmity, the ocular testimony could not be relied upon without corroboratory evidence which was absent. He also urges that the identification of the assailan was not possible at the time of occurrence. These contentions have been adequately dealt with by the learned Judge of the High Court and we see no reason to differ from the view taken by him. The question of believ ing or disbelieving evidence is one of fact and we feel satisfied that the Courts below have committed no violation of any principle of law in the apartment of evidence for which an interference can be justified. The petition is therefore, dismissed. M. Z. M. Petition dismissed.