1989 SCMR 1710 (PLP)

GHULAM MUJADDID, J.‑‑Manzoor Ahmad son of Muhammad Zaman, Carpenter, resident of Mohalla Chandanwala, Rang Saddar has filed Cr.P. 208/87 for leave to appeal against the judgment of the Lahore High Court dated 8‑6‑1987. The relief sought is enhancement of sentence of respondent Khalid The other petition (Cr.P. 239/87) is by Khalid against the aforesaid judgment of the High Court whereby his death sentence was altered to imprisonment for life. The latter petition is barred by three days. Khalid was sentenced to death by the trial Court for murder of Muhammad Fazil which took place on 7‑3‑1983 at 9.30 a.m. in the area of Chandanwala, Jhang Saddar. Report was lodged by Manzoor Ahmad brother of Muhammad Fazil deceased. It was recorded by Mohammad Hanif, A.S.I., Police Station Kotwali Jhang. On appeal the High Court declined to confirm the death sentence and reduced the same to imprisonment for life. Sentence of fine was, however, maintained. Motive for the incident was attempt to develop illicit liaison with the wife of deceased Mst. Sakina Bibi. Khalid was living close to the house of Mohammad Fazil, a carpenter by profession. He was on visiting terms with Fazil. The pretext was to do some woodwork. In his frequent visits he tried to be intimate with Mst. Sakina. She did not respond but instead complained to her husband. A day before the occurrence Khalid came to the house of the deceased. At that time the deceased and his elder brother Manzoor Ahmad were present. Khalid asked the deceased to do some work for him. The deceased refused and told him not to visit his house in future. This led to exchange of abuses. The accused left extending threats to the deceased that he would take revenge for the insult. On 7‑3‑1983 Manzoor Ahmad came to the house of the deceased to enquire about his daughters' health. Both the brothers then went to Bazar for shopping. When they reached near the house of Master Khuda Bakhsh Khalid accused armed with Chhuri appeared from behind the boundary wall of Nai Eidgah. He attacked Muhammad Fazil and inflicted Chhuri blows. Injury in the chest proved fatal. Muhammad Fazil died at the spot. The reason given by the High Court for commuting the death sentence was that it was not a case of premeditated murder. The whole thing happened at the spur of the moment when the deceased and tile accused came face to face on a thoroughfare. The High Court sent for the weapon and noticed that it was a minor Chhuri commonly used by the villagers, which could not be called as a Chhura. It was further observed by the High Court that accuser s house was close to that of Mst. Sakina and, therefore, it could be safely inferred that the accused during altercation picked up the Chhuri from his house. In the absence of any previous hostility, or serious enmity element of premeditation was lacking. The High Court B was of the view that as one maury proved to he fatal the extreme penalty of death was not called for. Mr. Minto, learned counsel for Manzoor Ahmad, contended that the circumstances which weighed with the High Court in reducing the sentence did not provide sufficient ground in law for the reduction, hence the sentence of imprisonment for life, in the instant case, was neither legal nor proper. We don't agree with that because the High Court exercised its discretion after considering the pros and cons of the case and in the absence of any error either of law or of fact, we don't think it is a lit case for leave to appeal. So far as the other petition is concerned, that is barred by three days. It was likely to be dismissed on this ground alone nevertheless we heard the learned counsel on merits. He was unable to point out any error in the judgment of the High Court. As a matter of fact the accused was lucky to get away with lesser sentence than death. Both the petitions are accordingly dismissed. M.A.K./M‑940/S Petitions dismissed.