1982 PLP 26 (SCMR)

Ijaz Hussain Batalvi, Advocate Supreme Court, Mian Nusrat Ullah, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate‑on- Record for Petitioners. M. Ashraf Azeem, Advocate Supreme Court and S. Wajid Hussain, Advocate‑on‑Record for the State. Date of hearing : 15th October, 1980. MUSHTAQ HUSSAIN, J.‑Muhammad Tariq was convicted under section 302 by the learned Sessions Judge, Rahimyar Khan on 3‑5‑1978 for the murder of Khadim Hussain and Muhammad Hussain and was sentenced to death. On appeal the Bahawalpur Bench of the Lahore High Court upheld the conviction. A lenient view, however, was taken with regard to the murder of Muhammad Hussain on the ground that the appellant was supposed to be nourishing a doubt that Muhammad Hussain deceased had illicit liaison with his 15 years old sister Safia. The sentence on this count was, therefore, reduced from death to imprisonment for life and fine. Hence this criminal petition for special leave to appeal.

2. The occurrence is said to have taken place on 16‑2‑1977 at maghrib wela in the area of Pir Muhammad Arain and the F. I. R. Exh. P. A. was recorded at Kot Manawan at 7‑45 p.m. by the father of the two deceased, P. W. 8 Muhammad Sharif.

3. Learned counsel submitted before us that the two murders did not seem to have been committed by one person. The weapon used was a toka and Muhammad Tariq accused was a young man over 17 years of at the time of the occurrence. The two victims were aged 16 years and 12 years and we are not convinced that the accused could not have dealt with these helpless young boys in the manner he did.

4. It was then submitted before us that the three eye‑witnesses are supposed to have seen the beginning of the occurrence but if, in fact, they had done so, they would have certainly tried to save the two victims. W are, therefore, asked to conclude that the eye‑witnesses did not see the occurrence. P. W. 8 is the father of the two deceased boys. He only stated that he saw Khadim and Muhammad Hussain deceased and Tariq an then he viewed Tariq giving a blow. There is no suggestion that they were so near the place of occurrence that they could have stopped the petitioner from committing the base deed that he was bent upon performing. W are then asked to reduce the sentence keeping in view the fact that there was an altercation between the three, that there was a suspicion about the illicit relationship between the sister of Muhammad Hussain and Muhammad Tariq, and that Khadim inflicted a blow with a sickle on the head of Tariq which should cumulatively have the effect of provocation and the sentence should, therefore, be reduced, We are not impressed by these submissions. No doubt there is a mention of quarrel between them at the time of the incident but that does not mean that the altercation was started by the deceased. As far as the illicit liaison was concerned that does not furnish any ground for reduction of the sentence either.

5. This petition has no merits and is, therefore, dismissed. Petition dismissed.