1990 PLP 1103 (SCMR)

Nemo for the State. Date of hearing: 21st January, 1990. S. USMAN ALI SHAH, J.‑‑‑Leave to appeal has been sought by the petitioners against the judgment of the Lahore High Court dated 10‑1‑1989, whereby their Criminal Appeal No. 267 of 1985 was dismissed and the death sentence awarded to Ashiq Ali, Mukhtar Ahmad and Mahmud Ali was confirmed. The petitioners alongwith Abdul Satar, Waris Ali, Akhtar Ali and Abdul Ghaffar were tried by the Additional Sessions Judge Gujranwala under section 302/307/148/149,P.P.C., for the murder of Muhammad Sarwar and Abdul Rauf both real brothers and for having murderous assault and inflicting injuries to Nabi Ahmad PW‑15 and Sarnawaz PW‑16, on 2‑6‑1982 at,6.30 p.m. in the fields of village Nangal Doona Singly. at a distance of 12 miles from Police Station Wandho District Gujranwala. The trial Judge acquitted Waris Ali, Akhtar Ali and Abdul Ghaffar of the charges and convicted all the petitioners alongwith Abdul Sattar under section 302/307/148/149, P.P.C. and sentenced them, vide order dated 27‑4‑1985, as under:‑‑ Under section 302/149. P.P.C. For the murder of Muhammad Sarwar deceased, Ashiq Ali was sentenced to death and other five accused to life imprisonment. Fine of Rs. 5,000 was also imposed on each one of them. For the murder of Abdul Rauf deceased, Mukhtar Ahmad and Mahmud Ahmad were sentenced to death and the other four accused were sentenced to life imprisonment. Fine of Rs.5,000 was also imposed on each of them. Under section 307/149, P.P.C. For the murderous assault on Nabi Ahmad and Sarnawaz all the petitioners alongwith Abdul Sattar were sentenced to five years, R.I. on two counts each with fine of Rs.5,000 each one of them on each count. Under section 148, P.P.C. All the petitioners alongwith Abdul Sattar were sentenced to one year R.I. The petitioners alongwith Abdul Sattar filed appeal before the Lahore High Court against their convictions and sentences and the complainant filed revision for the enhancement of the sentence of those from life imprisonment to that of death. The learned Judges of the Division Bench of the High Court, found the case against Abdul Sattar doubtful and acquitted him by giving him the benefit of doubt and dismissed the appeal of the petitioners. The death sentence awarded to Ashiq Ali, Mukhtar Ahmad and Mahmud Ahmad was confirmed. However, the criminal revision for the enhancement of sentences of other petitioners was dismissed, vide impugned judgment. Hence, this petition for leave. We have heard the learned A.O.R. on behalf of the petitioners and have gone through evidence on record and judgment of the Courts below. In view of the judgment reported in 1988 S C M R 940, we have come to the conclusion that so far as the case of Mahmud Ahmad and Muhammad Iqbal petitioners Nos. 4 and 5 is concerned, the evidence against them requires reappraisal and leave to appeal is, therefore, granted to them. However, the learned counsel has not pressed the case against Mukhtar Ahmad and Ashiq Ali and we are also .of the opinion that the case against Abdul Majid being proved, needs no consideration. Hence, the petition with regard to Mukhtar Ali, Ashiq Ali and Abdul Majid is dismissed. N.H.Q./A‑695/S Petition partly accepted.