1988 PLP 60 (SCMR)

MIAN BURHANUDDIN KHAN, J--Accused/petitioners Abdul Karim, Faiz Bakhsh and Ghulam Sarwar, along with Nazar Hussain and Nabi Bakhsh were tried by the learned Court of Sessions, Dera Ghazi Khan for committing the murder of Khadim Hussain. They were found guilty, convicted under section 302, P.P.C. read with section 149, P.P.C. and were sentenced to life imprisonment and fine of Rs.1,000 each; and were further convicted under section 148, P.P.C. and sentenced to suffer one year R.I. each. On appeal the learned High Court Judge, vide the impugned order dated 9-2-1982, confirmed the conviction and sentence imposed upon the accused /petitioners while acquitting Nazar Hussain and Nabi Bakhsh.

2. On the day of occurrence i.e. 14-10-1978 at 7 p.m. Muhammad Murad PW.7, Malang PW.8 and Khadim Hussain deceased were present in the Baithak of Farid Bakhsh PW.6 when Abdul Karim accused/ petitioner came and took away the deceased on the pretext that his father Allah Bakhsh was calling him. After a short while the witnesses heard the screams of Khadim Hussain arid they rushed towards the spot, which is the cotton field of Allah Bakhsh where they saw Nazar Hussain and Nabi Bakhsh, the acquitted accused holding the deceased while the three accused /petitioners were giving him hatchet blows. On seeing the witnesses, the accused ran away from the spot. Motive for the crime is stated to be that Abdul Karim accused/ petitioner suspected illicit relationship of his wife with the deceased which prompted him and the other accused /petitioners to kill the deceased.

3. Learned counsel for the petitioners argued that the motive has not been proved. He referred to the cross-examination of Farid Bakhsh PW.6 wherein he stated that he came to know about the suspicion of Abdul Karim of liaison between his wife and the deceased, after the occurrence. The learned counsel further contended that the occurrence took place in the dark hour of the night and the PWs. could not have identified the culprits; and also challenged the possibility of the presence of Malang PW. He further contended that the plea of the accused/ petitioner Abdul Karim that the deceased was seen by him with his wife in the cotton field in a compromising position, and, therefore, he lost self-control and gave hatchet blows to the deceased which he was carrying at the time when he happened to be coming back from his field; and that the other accused /petitioners were not with him.

4. We have considered the arguments of the learned counsel for the petitioners and agree with the finding of the learned trial Court contained in paragraph 16 of judgment dated 4-7-1979 and reads as follows: "If we put the prosecution version and defence contention in juxtaposition, it becomes clear that Khadim Hussain deceased has been murdered on account of illicit suspicion. Abdul Karim accused has wrongly stated in his statement that he had seen his wife and Khadim Hussain deceased in compromising position in a cotton field and that he had murdered Khadim Hussain deceased under grave and sudden provocation. Abdul Karim accused has taken this plea only to save his neck from the gallow otherwise, there is no ring of truth in it for the reason that the place of occurrence is situate close to his house and that the time of occurrence is not a time for the rendezvous of the villagers. The occurrence took place shortly after sunset time, therefore, it was not an occasion for Khadim Hussain deceased to enjoy the wife of Abdul Karim accused. Secondly, there are as many as 20 injuries on the person of the deceased. These injuries could not be caused by single person especially when the deceased was alleged to be armed with stick at the time of the occurrence." This reasoning is quite convincing and the learned High Court Judge has also dealt with this plea of the accused/petitioner in a manner which does not call for any interference. We find no merit in this petition which is, consequently, dismissed. M . I . / A-113/ S Petition dismissed.