2019 PLP 2036 (SCMR)

ASIF SAEED KHAN KHOSA, C.J.

Criminal Miscellaneous Applications Nos. 2288 and 2289 2017 in Criminal Appeals Nos. 332-L and 333-L of 2017 These miscellaneous applications are allowed in the terms prayed for therein. Disposed of. Criminal Appeals Nos. 332-L and 333-L of 2017

2. Muhammad Akbar alias Bhola and Muhammad Asghar alias Kaloo appellants in Criminal Appeal No. 332-L of 2017, Muhammad Afzal alias Aloo appellant in Criminal Appeal No. 333-L of 2017 and some others had allegedly murdered two persons namely Muhammad Shafiq and Muhammad Hafeez and had injured another namely Muhammad Nadeem in an incident taking place at about 08.15 a.m. on 29.12.2007 inside the house of Saeed Ahmed complainant (PW7) in Mohallah Ali Sarwar in village Kehror Pacca in the area of Police Station City Kehror Pacca, District Lodhran in the backdrop of a motive according to which some time prior to the present occurrence some children belonging to the complainant party were playing cricket in the Dera of one Ghulam Sarwar and while engaging in that activity Muhammad Asghar alias Kaloo appellant had given a blow to Abdul Latif (PW8) with a cricket bat whereafter the said injured victim had proceeded to the local Police Station for reporting the matter to the police. With these allegations the appellants and their co-accused were booked in case FIR No. 57 registered at the above mentioned Police Station during the same morning and after a regular trial the appellants were convicted by the trial court on two counts of an offence under section 302(b), P.P.C. and were sentenced to death each on each count and to pay compensation besides having been convicted and sentenced for offences under sections 148 and 452, P.P.C. The appellants challenged their convictions and sentences before the High Court through a joint appeal which was dismissed to the extent of Muhammad Akbar alias Bhola and Muhammad Asghar alias Kaloo appellants and all their convictions and sentences recorded by the trial court were upheld and confirmed whereas the said appeal was partly allowed to the extent of Muhammad Afzal alias Aloo appellant whose convictions and sentences recorded by the trial court were upheld and maintained except his sentences of death on two counts of the charge pertaining to murder which sentences of death were reduced by the High Court to imprisonment for life on each such count. Hence, the present appeals by leave of this Court granted on 19.10.2017.

3. Leave to appeal had been granted in these case's in order to reappraise the evidence and with the assistance of the learned counsel for the parties we have undertaken that exercise.

4. The occurrence in this case had taken place in broad daylight and an FIR in respect of the same had been lodged with sufficient promptitude wherein the present appellants had been nominated as the culprits and specific roles had been attributed to them therein. The prosecution had produced three eye-witnesses before the trial court and they were Saeed Ahmed complainant (PW7), Muhammad Nadeem (PW9) and Abdul Sattar (PW10) out of whom two of the eye-witnesses were natural witnesses being inmates of the house wherein the occurrence had taken place and one of such natural witnesses was also an injured witness. All the said eye-witnesses had made consistent statements before the trial court and the ocular account furnished by them had received sufficient support from the medical evidence. The motive set up by the prosecution had duly been proved by Abdul Latif (PW8) who was the injured victim of the incident forming the motive. During the investigation daggers had been recovered from the appellants' custody which daggers had subsequently been confirmed by the Chemical Examiner and the Serologist to be stained with human blood. Both the courts below had undertaken an exhaustive analysis of the evidence available on the record and had then concurred in their conclusion regarding guilt of the appellants having been proved to the hilt and upon our own independent evaluation of the evidence we have not been able to take a view of the matter different from that concurrently taken by the courts below.

5. As regards the sentences of death passed against Muhammad Akbar alias Bhola and Muhammad Akbar alias Kaloo appellants we have observed that over a petty incident involving children playing cricket the said appellants have gone to the complainant party's house and had launched an attack with daggers and had resultantly killed two persons and had injured another by giving them multiple dagger blows mercilessly. The injuries attributed to these two appellants had proved fatal. These appellants have appeared to us to be desperate persons evoking no sympathy with us in the matter of their sentences of death. As regards Muhammad Afzal alias Aloe appellant he has already been treated leniently in the matter of his sentence. These appeals are, therefore, dismissed and the convictions and sentences of the appellants recorded by the High Court are upheld and maintained. Criminal Miscellaneous Application No. 46-L of 2015 in Criminal Petition No. 82-L of 2015

6. The main petition filed by the applicant is barred by time and the reasons mentioned in this miscellaneous application seeking condonation of the delay in filing of the main petition have not been found by us to be valid or sufficient for the purpose. This miscellaneous application is, therefore, dismissed. Criminal Petition No. 82-L of 2015

7. This petition is dismissed as barred by time. MWA/M-55/SC Order accordingly.