1990 PLP 1397 (SCMR)

OPINION OF FIRST JUDGE S. USMAN ALI SHAH, J.‑‑‑Both the petitioners in this jail petition for leave to appeal were convicted under section 302/34, P.P.C. by the Additional Sessions Judge, Gujranwala for the twin murder of Muhammad Ishaq and Muhammad deceased and under section 307/34, P.P.C. for murderous assault on Muhammad Anwar (P.W.7). The learned Additional Sessions Judge found them guilty of the crime beyond any reasonable doubt and sentenced both of them to death with fine of Rs.15,000 each and to 5 years' R.I. and with fine of Rs.5,000 each respectively. However, their co‑accused, namely; Khushi Muhammad and Muhammad Shafi were acquitted vide order dated 31‑3‑1985. Appeal of the petitioners before the High Court was dismissed and their death sentence was confirmed vide order dated 7‑3‑1988. After going through the record and judgments of the Courts below, it is observed that Bashir Ahmad accused petitioner had himself admitted the liability of inflicting injuries to the deceased with a small knife. The injuries caused to the deceased and injured P.W. do not appear to have been caused by a small knife as admitted by the accused petitioner. The recovery of blood‑stained chhuris excluded the possibility of small knife but support the medical evidence and the eye‑witness version. The motive for the occurrence has also been proved by reliable evidence of the complainant. On the other hand the petitioners hay,; taken the plea of self‑defence but the story narrated by them was neither proved nor bears any truth and was disregarded by the Courts below. According to the eye‑witnesses account the complainant party was completely unarmed at the time of the occurrence and none of the accused have received even a minor injury or scratch on their body to be considered for lesser penalty. Thus, the guilt of murder of Muhammad Akram and Muhammad Ishaq deceased and causing serious injuries to Muhammad P.W. against the petitioners have been established beyond any shadow of doubt and they have rightly been convicted under t section 302/34, P.P.C. and sentenced to death for causing murder of the two deceased and under section 307/3.1, P.P.C. for causing injuries to Muhammad Anwar P.W. I did not find any clue of mitigating circumstance under which the petitioners have committed the offence. The learned High Court was, therefore, justified in confirming the death sentences of the petitioners. Under the circumstances I am of the opinion that this petition has no merit for further consideration and needs dismissal straightaway. OPINION OF SECOND JUDGE NASIM HASAN SHAH, J.‑‑I agree. ORDER OF THE BENCH The petition is dismissed. N.H.Q./B‑163/S Petition dismissed.