1996 PLP 962 (SCMR)

ABDUL QADEER CHAUDHRY, J.

Leave to appeal has been sought against the judgment of the High Court dated 20-1-1993.

2. The facts in brief are that the petitioner was convicted and sentenced by the learned trial Judge under sections 302 and 324, P.P.C. The co-accused Abdul Aziz was acquitted by the trial Court, The High Court maintained the conviction and sentence The petitioner in this petition wants to re-appraise the evidence.

3. According to the prosecution:-- "On 20-12-1987 Mukhtar Ahmed complainant P.W.8 made his statement Exh. P. A. before Ghulam Abbas ASI (P. W.2) in Aziz Bhatti Shaheed Hospital, Gujrat. In complaint Exh.P.A. Mukhtar Ahmad P.W.8 got recorded that he was a student of 11 year and they were refugees from Azad Kashmir. On 20-12-1987 at about noon an altercation took place between his brother Muhammad Ashraf deceased and Muhammad Javed accused who is their neighbour. The matter was patched up but accused threatened Muhammad Ashraf deceased to teach him a lesson for the altercation. At about 5-30 p.m. complainant Muhammad Ashraf deceased and Muhammad Rafique, given up P.W, who had come from District Rajori occupied Jammu and Kashimir on visit Visa and is son of paternal aunt of the complainant, were sitting over the Pulli near Kashmir Colony. 1n the meantime, accused Muhammad Javed armed with a Chhuri and accused Abdul Aziz armed with a knife came over there. Accused Abdul Aziz raised Lalkara and also inflicted knife blow to the complainant on his left upper arm. Accused Muhammad Javed inflicted Chhuri blow to Muhammad Rafique on his left side of the abdomen. Muhammad Ashraf deceased tried to escape but accused Muhammad Javed inflicted Chhuri blow hitting him on right flank on the back. On receiving the injuries Muhammad Ashraf deceased and Muhammad Rafique fell down. On hearing the alarm P.Ws. Muhammad Sadiq, Muhammad Jamil and Muhammad Din, father of the complainant, reached there and witnessed the occurrence. Accused on seeing the witnesses ran away from the place of occurrence."

4. According to the learned counsel, on the same evidence the co-accused Abdul Aziz has been acquitted and the prosecution witnesses qua him were disbelieved, but on the same set of evidence the petitioner has been convicted The case of the petitioner is distinguishable. He inflicted Chhuri blows in the abdomen of the deceased. The blood-stained Chhuri has been recovered on his pointation. He also caused injuries to Mukhtar Ahmed P.W.8 and Muhammad Jameel P.W.10. Both have corroborated the prosecution evidence. The petitioner in his statement under section 342, Cr.P.C. stated that the deceased caused injury to him with a Sota and Rafique P.W.7 inflicted Chhuri blow to him, so he struggled with him and succeeded in snatching the Chhuri from him. Mukhtar Hussain P.W. wanted to grappel with him, so in self-defence he gave one blow to each of the P.Ws. and the deceased. The petitioner has admitted his presence and causing injures to the deceased and the witnesses. The High Court has attended to the defence of the petitioner and rightly discarded it. It has been observed that the defence story utterly lacks credence. The petitioner accused caused two sharp-edged injuries to the complainant and the injured P.W. within the presence of the deceased armed with a stick, and had it been so the petitioner would have not been allowed to cause the fatal injuries to two persons. The two Courts have properly appreciated the evidence. There is no misreading of evidence. This petition has no force; the same is dismissed and the leave prayed for refused. N.H.Q./M-2208/S Leave refused.