1999 PLP 2241 (SCMR)

ABDUR REHMAN KHAN, J.

Shah Muhammad (P.W.11) is the lodger of F.I.R. in this case on 13-1-1989 wherein he narrated the facts culminating in the murder of Nawab Din and injuries to P. Ws. Muhammad Rafique, Khan Muhammad and Muhammad Siddique. On the basis of this report a case under section 302/307/148/149, P.P.C. was registered against Abdul Latif, Qasim Ali, Muhammad Anwar, Muhammad Ashraf (petitioner), Muhammad Sarwar and Haji Ahmad (petitioner). The learned trial Judge by judgment dated 18-10-1992 convicted Abdul Latif under section 304 part-1, P.P.C. and sentenced him to imprisonment for life with a fine of Rs.20,000 while Muhammad Anwar, Muhammad Ashraf, Muhammad Sarwar and Haji Ahmad were convicted under section 324, P.P.C. and each of them was sentenced to three years' R.I. and a fine of Rs.5,000 or one year's R.I. in default. All the convicts preferred appeal in the High Court and by the impugned judgment, dated 16-9-1997 a learned Judge reduced the sentence of Abdul Latif to ten years R.I. and his fine was reduced to Rs.10,000 while the sentence of other convicts including the two petitioners was reduced to one already undergone. Out of the convicts Muhammad Ashraf and Haji Ahmad petitioners have challenged their conviction and sentence and have prayed for leave to appeal in this context.

2. The learned counsel argued that the petitioners were entitled to acquittal on account of the exercise of right of self-defence by them. It appears that the learned Advocate was oblivious of the fact that all along in the trial Court as well as High Court his effort was that the incident had occurred without premeditation and in a sudden encounter by the parties. The learned trial Court agreed with it and, therefore, punished the accused for their individual act played by them in the crime. Moreover, the plea of self-defence does not find any support from the record rather it appears to be ridiculous. Statement of the acquitted accused Qasim Ali was relied for this plea. Relevant portion of his statement is reproduced:-- "Muhammad Ali P.W. armed with gun, Jan Muhammad P.W. (since dead) with pistol, Shah Muhammad with pistol and Rafique with gun, whereas Ghulam with Chhuri, Siddique with Chhuri, Rafique with Chhuri, Raheem Khan and Haroon armed with Dangs and Nawab deceased with Chhurri entered into my house by scaling over the outer wall and launched an attack upon us. Nawab deceased held my son Muhammad Anwar accused in his clasp from behind; Rafique, Siddique caused Chhuri blow hitting on the right palm of Anwar. Siddique tried to cause Chhurri blow to Anwar but the same hit to Nawab Din on his abdomen who fell down. Then Rafique stepped towards me who tried to cause Chhuri blow to me but I escaped. Then Ghulam caused injury with Churri on left hand to me. Haroon caused dang blow on my right fore-arm. Raheem on my left hand. I received injury on my head also and fell down. Persons from the locality were attracted who challenged the accused and they ran away." It is clear from the above statement that ten persons, some armed with fire-arms while some with Chhuries, attacked the complainant side in their house but none of the inmates of the house received any serious or grievous injury but instead one of their attackers was killed and some of them received grave and serious wounds. In this background the plea of self-defence was not available to any of the accused.

3. We find that the guilt of the petitioners stood established and their conviction and sentence need no interference. Leave to appeal is refused and I petition is dismissed. N.H.Q./M-317/S Leave refused.