1990 PLP 577 (SCMR)

ZAFFAR HUSSAIN MIRZA, J.‑‑The petitioner was'tried along with his brother Muhammad Nazir for the murder of Mst. Naziran Bibi deceased and for causing hurt to her husband Muhammad Razaq P.W. The trial Court convicted the petitioner under section 302/34 P.P.C. on the first count and sentenced him to imprisonment for life as well as to fine etc. He was also convicted on the second count under section 325/34 P.P.C. and sentence to undergo one year's R.I. Muhammad Nazir convict, however, died during the pendency of the appeal in the High Court, although this fact was not brought to the notice of the Court. The case of the prosecution is that the petitioner was the main culprit who inflicted a single injury to the deceased with hatchet when she intercepted the petitioner and his brother during their assault on her husband who was given five blunt weapon injuries. The medical evidence shows that the main injury inflicted upon the deceased consisted of incised wound on the vital part of the body namely on the head cutting and fracturing the skull bone. The prosecution relied on the oral testimony furnished by Muhammad Iqbal P.W.9 who was attracted by the commotion to the scene of the occurrence and Muhammad Razaq the injured husband of the deceased. According to the version of the petitioner in his 342, Cr.P.C. statement the deceased was murdered by her husband injured Muhammad Razaq (PW) on a petty dispute over her not bringing his meal to the field where the petitioner was also present and tried to save the deceased and in the process inflicted few blows to Muhammad Razaq (PW) with a Soti. The trial Court and the High Court rejected the version of the petitioner and relied on the prosecution case. The ocular testimony furnished by Muhammad Iqbal and Muhammad Razaq although brothers was found trustworthy as there was no previous enmity with the petitioner by them. Corroboration was furnished by medical evidence and particularly by the fact that Muhammad Razaq sustained injuries during the occurrence. Another piece of corroboratory evidence was the recovery of blood‑stained hatchet at the instance of the petitioner supported by Muhammad Nawaz (PW) an independent witness having no reason to depose against the petitioner. Even the motive was found to have been established by reliable 'evidence. There was found no material to support the version advanced by the petitioner. After having carefully examined the record I see no reason to disagree with the evaluation of the prosecution testimony by the Courts below and‑the finding recorded by them: The petitioner in his jail petition has referred to the fact of compromise reached between the complainant Muhammad lqbal as well as Muhammad Razaq, the husband of the deceased with him, but as he had to already been awarded the lesser sentence, this fact is immaterial. therefore, rind the conviction and sentence well founded and not liable to interference. Although the petition is barred by three days, I have considered the same on merits and would dismiss the same. ALI HUSSAIN QAZILBASH, J.‑‑I agree Leave is refused. N.H.Q./M‑1185/S Leave refused.