2008 PLP 1429 (SCMR)

Petitioner complainant of the case registered vide F.I.R. No.398 of 3rd October, 1989 initially under section 307/34, P.P.C. to which consequent upon demise of the injured, Section 302 (ibid) was added, reporting the murder of his maternal-cousin Hafiz Muhammad Ilyas by inflicting razor wounds on the left side of his neck, left flank and left upper arm by Muhammad Asif, respondent whose accomplice Muhammad Khalid caused Chhuri blows on the right and left side of Abid Naeem P.W.12's head to whom Muhammad Tariq supplemented likewise injuries on the back as a result whereof the injured collapsed on the ground and suffered injuries by striking against hard substance while the assailants vanished away and the injured were removed to Local Hospital where eventually the former succumbed to the injuries; spelling out of motive it was stated that Muhammad Tariq accused had lodged a false case against Hafiz Muhammad Ilyas etc. under section 506, P.P.C. which during investigation having been found to be false was cancelled and despite of the patch up effected by the respectables Muhammad Asif etc. nourished grudge which they eventually avenged; culminating into conviction and sentence of Muhammad Asif, respondent under section 302, (ibid) to death with a fine of Rs.10,000 or in default to suffer two years' R.I. in addition to defraying alike amount of compensation to the legal heirs of the deceased or in default to suffer six months' R.I. recording the co-accused's acquittal of the charges by an Additional Sessions Judge, Gujranwala on 9-10-1991, however, on appeal a learned Division Bench of the Lahore High Court maintaining the findings partly granting Muhammad Asif's appeal commuted his death sentence to imprisonment for life conferring the benefit perceived by section 382-B, Cr.P.C., opining it not to be a case of premeditation immediate motive whereof remained shroud in mystery vide the impugned judgment dated 5-11-1997.

2. Hence the captioned petition for leave to appeal grudging against reduction of Muhammad Asif's sentence and acquittal of the respondents Nos.2 and 3, during the course of hearing whereof Syed Afzal Haider learned Senior Advocate Supreme Court appearing on behalf of the respondents stated that Muhammad Khalid and Muhammad Tariq, respondents have since passed away factum whereof stands vouched by the death certificates which have been placed on record thus qua them the petition stands abated and is accordingly dismissed.

3. While after hearing the learned counsel for the petitioner at some length, we are inclined to grant leave concerning reduction of Muhammad Asif's sentence for examining the reasons advanced by the learned Division Bench of the Lahore High Court and be heard along with the similar matters. N.H.Q./M-298/SC Leave granted.