2000 PLP 310 (SCMR)

RAJA AFRASIAB KHAN, J.

On 12-1-1994 at 9-45. a.m., a case under section 302/34/324/337-F/452/337-A, P.P.C., was registered on the statement of Malik Illahi Bakhsh with Police Station Jalilabad, District Multan, against Shaukat Abbas alias Kaka, Jaffer Hussain and Sadiq Hussain sons of Hassan Bakhsh for the murder of Khadim Hussain and causing injuries to Islam Baig and Shehzad Ahmad. Malik Illahi Bakhsh had been living in a house which he got on rent from Ahl-e-Teshee Committee. The said house was gifted to Imam Bargah by Hassan Bakhsh, the father of the accused. The accused wanted to get back the house. Khadim Hussain and Islam Baig had, therefore, obtained stay order from the Civil Court. Jaffar Hussain, etc. had a grievance and as such, they locked the house on the evening of 5-1-1994. On 12-1-1994 at 9-15 p.m., the complainant, his brother Khadim Hussain, Islam Baig, alongwith Shahzad, Bashir Ahmad and Muhammad Ramzan were going together to attend their case in the Civil Court. When they reached in front of the house of Khadim Hussain, all of a sudden, Jaffar Hussain armed with iron pipe, Shaukat Abbas alias Kaka armed with scissors and Sadiq Hussain armed with dagger emerged there. All of them raised Lalkara to teach lesson to the complainant party for getting temporary injunction. Shaukat Abbas gave blow with scissors on Khadim Hussain which landed on left side of his chest. Islam Baig attempted to catch hold of Shaukat Abbas whereupon Shaukat Abbas inflicted blow with scissors on the back of right hand of Islam Baig. The fingers and palm of right hand of Islam Baig were also injured. The complainant and the P.Ws. tried to apprehend the assailants whereupon Sadiq Hussain inflicted dagger blow to Shahzad Ahmad. In the above scenario which had shortly been stated, the accused were tried. An Additional Sessions Judge. Multan vide his judgment, dated 7-12-1994 convicted Shaukat Abbas under section 302/337-A(i)/337-F(i), P.P.C., under section 302, P.P.C., he was sentenced to death plus compensation of Rs.50,000 payable to the legal heirs of the deceased or in default to undergo two years' R.I. Under section 337-A(i), P.P.C., he was sentenced to one year's R.I. and was ordered to pay Rs.1,000 as Daman to Islam Baig P.W. Under section 337-F(i) he was sentenced to one year's R.I. and to pay Rs.1,000 a Daman. Under section 337-F(i), P.P.C., he was sentenced to one year's R.I. and to pay Rs.1,000 as Daman to Muhammad Shahzad P.W. Vide the same judgment, Sadiq Hussain and Muhammad Hussain were acquitted by giving them the benefit of doubt. On appeal and reference, the Lahore High Court vide impugned judgment, dated 22-10-1998, confirmed the death sentence of the petitioner. This is a petition for leave to appeal against the judgment of the High Court.

2. Learned counsel has submitted before us that the prosecution evidence has been discarded by the Courts below in acquitting the co-accused of the petitioner and that being so, that set of evidence cannot be pressed into service to record conviction and sentence against the petitioner. He argued that the prosecution witnesses art interested and are closely related to the deceased. The prosecution has failed to produce any evidence to corroborate its case. According to the learned counsel, motive as mentioned in the F.I.R. is shrouded in mystery. At any rate, it was contended that this was a case of single injury and no attempt was made by the petitioner to repeat the blow. The occurrence was not preplanned or premeditated. The learned counsel added that the recovery of scissors, the weapon of offence had not been established beyond reasonable doubt.

3. The above points, inter alia, need consideration to ensure fair administration of justice. Leave is, accordingly, granted. N.H. Q./S-158/S???????? ???? ?????????????????????????????????????????????????????????????????? Leave granted.