1984 PLP 1503 (SCMR)

ASLAM RIAZ HUSSAIN, J.‑‑ This Jail Petition by Taj Hussain is directed against the judgment of the Lahore High Court, Multan Bench, Multan dated 10‑5‑1982, dismissing his appeal in a murder case and confirming his death sentence. Taj Hussain was accused of the murder of his father Alam Din (aged 75 years): his mother Mat. Resham Bibi (70 years) and making a murderous assault on his sister‑in‑law, Mst. Irshad Begum P.W.4 (aged 30 years) on 24‑4‑1977.

2. Motive for the offence is stated to be that Alam Din, father of the accused‑petitioner owned 6 acres of land, which was cultivated by Alam Din deceased and his son Bashir Ahmad, P_W_ Tai Hussain petitioner was a vagabond and would not do any work. He was therefore refused his share of land by his father. As a result the petitioner devolved a grudge against his father. The prosecution version, briefly, is that at about Isha Prayer time on 24‑4‑1977, the petitioner who was armed with hatchet, gave blows with it to Alam Din on his head and neck and killed him there and then. His mother Mst. Resham Bibi, also happened to come there and the petitioner also gave a hatchet blow to her and killed her. Mst. Irshad Begum, the wife of his brother saw the occurrence. She got terrified and wanted to escape, but the petitioner took out a knife from his dubb and gave a knife blow on her abdomen. The F.I.R. was lodged by Ghulam Nabi (P.W.3) on the same day soon after the occurrence. The petitioner was arrested and blood stained hatchet (P.1) and a broken knife (P.3) were recovered from him. Apart from Mst. Irshad Begum P.W.4, who was injured during the incident the occurrence was also seen by Ghulam Nabi (P.W.3) complainant and Muhammad Din (P.W.5). All the three witnesses appeared at the trial and supported the prosecution version. Their testimony was corroborated by the medical evidence. It revealed 3 incised injuries and one abrasion on the body of Alam Din deceased; one incised injury on the neck of Mst. Resham Bibi and one incised wound (2 1/2" x 2 1/2") on the abdomen of Mst. Irshad Begum (P.W.4), whose intestines had come out. The learned trial Court believed the prosecution evidence, convicted the petitioner under section 302, P.P.C. on two counts and also under section 307, P.P.C. Under section 302, P.P.C. it sentenced him to death on two counts and also fine of Rs.10,000 on each count (one year's R.I. in default of payment of fine in each case). Under section 307, P.P.C. it sentenced him to 2 years' R.I. The petitioner filed an appeal before the High Court which was dismissed on 10‑5‑1982. Hence the present petition

4. We have heard the petitioner's counsel and gone through the relevant portion of the evidence. We are of the view that the witnesses are most reliable. One of them namely Mst. Irshad Begum (P.W.4) was herself injured during the incident. She had no motive to involve the A petitioner falsely. We are of the view that guilt has been squarely brought home to the petitioner through the evidence of the eye‑witnesses and there is hardly anything that could be urged in petitioner's favour, although the learned counsel did his very best. In this view of the matter we dismiss the petition as being without any merit. S.Q. Petition dismissed