2002 SC M R 1858 (PLP)

NAZIM HUSSAIN SIDDIQUI, J.

Petitioner, Mutabar, has impugned judgment dated 30-5-2000 of a learned Division Bench, Peshawar High Court, whereby his convictions and sentences, passed by learned Additional District Sessions Judge, Lahore District Swabi, were maintained.

2. The petition is time-barred by 35 days. Under the circumstances, the delay is condoned.

3. The petitioner was convicted by trial Court as follows:-- (a) Under section 302/34, P.P.C. sentenced to death on five counts for the murders of Khanzada, Mst. Tajbaro, Sherzada, Mst. Mashoqa and Mst. Mujahida. (b) Under section 364, P.P.C. for abducting through deceitful means, Khanzada deceased, sentenced to seven years' rigorous imprisonment and a fine of Rs.10,000. (c) Under section 201, P. P. C. sentenced to rigorous imprisonment for five years. (d) Under section 449, P.P.C. sentenced to seven years' R.I. with a fine of Rs.10,000. (e) Under section 324, P.P.C. for effectively attempting at the life of Mst. Shahzadgai, sentenced to ten years' R.I. with a fine of Rs.20,000. (f) Under sections 335/336, P.P.C. for causing injuries to her, sentenced to seven years' R.I. and payment of 1/10th of "Diyat" as "Arsh" (g) Under section 337-A (iii), P.P.C. for causing injuries to the complainant sentenced to imprisonment for seven years and 1 / 10th of "Diyat'! As "Arsh". (h) Under section 382, P.P.C. for committing robbery sentenced to seven years' R.I. with a fine of Rs.10,000. (i) Under section 411, P.P.C., sentenced to three years' R.I. with a fine of Rs.5,00b."

4. According to the prosecution, the petitioner had committed murders of Khanzada, Mst. Tajbaro, Sherzada, Mst. Mashoqa and Mst. Mujahida. On 13-4-1996 at 08-10 hours the report of the incident was lodged by Mst. Shahzadgai, w/o Khanzada deceased. Mst. Tajbaro, Mst. Mujahida and Mst. Mashoqa deceased were her daughters, while Sherzada deceased was her son. On 12-4-1996, the petitioner, who was known to the complainant family, visited their house, dined with them and took Khanzada deceased alongwith him for bringing hay. He killed Khanzada and threw his dead body near a well of the locality. This happened on 12-11-1996. At that time, he was accompanied by co-accused Gultaza, who is still absconding. It is the case of the prosecution that in the night petitioner and said co-accused again came back at the house of the complainant and killed Mst. Mashoqa, Mst. Tajbaro and Mst. Mujahida and Sherzada and also caused injuries to complainant Mst. Shahzadgai. The petitioner also confessed about his guilt before Judicial Magistrate, 1st Class, Lahor, District Swabi.

5. On completion of investigation, charge-sheet was submitted against him and said co-accused. He was convicted by trial Court, as mentioned earlier and his appeal was dismissed by High Court.

6. At the outset, learned counsel for the petitioner frankly conceded that there is irrefutable evidence on record to show that petitioner was responsible for the murders of abovenamed five deceased. He submitted that all this happened as the complainant family had promised to give the hand of Mst. Mashoqa to him (petitioner) and later on declined. Learned counsel only prayed for reduction of sentence. The petitioner had committed cold -blooded murders and had pre-planned for the same. He is not entitled to any leniency.

7. Inconsequence, leave to appeal is refused and the petition is dismissed. Q.M.H./M.A.K./M-426/S Petition dismissed.