1989SCMR624 (PLP)

Muhammad Nawaz Abbasi, A. A.‑G. for the State (in Cr.P.57‑R of 1981 and J.P. 60‑R of 1981) Ch. Akhtar Ali, Advocate‑on‑Record/Advocate Supreme Court for Respondent No.l. (in Cr.P.58‑R of 1981). Date of hearing: 30th November, 1988. JUDGIMENT SHAFIUR RAHMAN, J.‑‑Three criminal petitions have been filed, two by the convict himself and the third by the complainant against the judgment of the Lahore High Court, Lahore dated 4‑7‑1981 whereby the conviction and sentence of the convict Sardar Khan under section 302, P.P.C. was maintained but the sentence of death was altered to life imprisonment. The prosecution case against the convict was that his sister Afsar Jan had been divorced by the deceased Muhammad Ashraf about fifteen years ago. Thereafter, in two murder cases the convict was charged for the murders of persons belonging to the complainant side but was acquitted. A day preceding the occurrence which took place at 6‑45 p.m. on the 30th of April, 1976, the cattle of Sardar had trespassed in the field of the deceased Ashraf, who had abused him. In the evening on the day of occurrence, Ashraf deceased started with a bundle of harvested wheat towards his house. On his way when he passed near the fields of Sardar Khan, convict, the latter inflicted blows by the blunt side of the hatchet on his head. Sardar Khan was allegedly accompanied by Fazal Elahi who has since been murdered. Ashraf received five lacerated wounds and a bruise and died at the spot. A report about the occurrence was lodged the same night at 1‑00 a.m. by Taj P.W.8. Taj and Mahboob witnessed the occurrence. On 6‑5‑1976, Sardar Khan led to the recovery of the blood‑stained hatchet from his house. The convict pleaded innocence and claimed that he had been implicated in the crime on account of enmity. The trial Court believed the ocular evidence an considere the corroboration derived from the recovery of the evidence to be sufficient and convicted Sardar Khan under section 302, P.P.C. and sentenced him to death. The High Court on appeal affirmed the findings but in view of the matter of divorce and strained relations on that account converted the sentence of death into life imprisonment. Ch. Akhtar Ali, Advocate, has pointed out t at t e petitioner Sardar Khan has suffered his entire sentence and has come out of the prison. All the same he stated that the testimony against him was interested and immediate motive for the occurrence remained un established. We find from the material on record that the two eye‑witnesses have given a consistent version of the occurrence. There was indeed a deep-rooted enmity between the parties. The recovery of the blood‑stained hatchet corroborates the case. There is nothing which may entitle the convict to any further relief. As regards the complainants petition, we find that the High Court has given reason for interfering with the death sentence, and also that the sentence awarded is legal. The convict has already undergone it. In the circumstances, we do not find merit in any of these petitions and leave to appeal is refused in all the three petitions.