P L D 2006 Supreme Court 182 (PLP)

IFTIKHAR MUHAMMAD CHAUDHRY, C.J.

These petitions have been filed against the judgment dated 9-4-2002 passed by Lahore High Court, Lahore.

2. Briefly stating facts of the `case are that vide F.I.R. Exh.PH/1 petitioners/convicts were charged for the offence of murder of two persons Hamayun Ashraf and Haroon Ashraf sons of Muhammad Ashraf Bhatti on 17-4-1998 inside the lock-up of Police Station Baghwanpura where they were confined as accused in another case of murder registered against them. On the registration of the case, investigation was carried out, and convicts/petitioners namely: (i) Muhammad Aasam Butt son of Noor Ahmad. (ii) Moazam Butt son of .... (iii) Naheeb @ Bhutto son of (iv) Abdul Hameed son of Muhammad Ibrahim. (v) Rana Adnan son of Ghulam Hussain (vi) Hafiz Jameel son of Muhammad Boota (vii) Muhammad Shahbaz @ Dodi son of Muhammad Sadiq (viii) Muhammad Shahbaz @ Kaka Khanda son of Muhammad Nawaz were convicted vide judgment dated 24-1-2001 as follows:-- Under sections 302(b)/149, P.P.C.--Sentenced to death as Taazir each on two counts. They were also directed to pay compensation of Rs.2,00,000 each to the L.Rs. of deceased or in default whereof two suffer six months S.I. on two counts. Under section 7 of the Anti-Terrorism Act, 1997.--Sentenced to death. Under sections 148/149, P.P.C.-- Sentenced to undergo 3 years' R.I. each with fine of Rs.50,000 each, in default whereof, to further undergo 3 months' S.I. Under sections 186/149, P.P.C.--Sentenced to 3 months' R.I. each. Under section 353/149, P.P.C.--Sentenced to undergo 2 years' R.I. each with fine of Rs.50,000 each in default whereof to further undergo 3 months' S.I. each.

3. It may be noted that some of the accused persons were declared as proclaimed offenders and non-bailable warrants of arrest were issued against them. Statedly accused Muhammad Azam Butt, Bahawal Sher alias Goonga and Bagga were killed in police encounter.

4. The learned High Court while disposing of Murder Reference No.8-T/01 and Criminal Petition No.98 of 2001 filed by the convicts dismissed the appeal of Naheeb Butt and Moazzam Butt and their death sentences on all the charges were confirmed. However, the sentences of Muhammad Aasim and Shahbaz alias Dody were reduced as under: Under sections 302/149, P.P.C.- Imprisonnent for life on both the counts. Under section 7(b), A.T.A.--Imprisonment for life. Benefit of section 382-B, Cr.P.C. also extended to them. The compensation payable to heirs of deceased as directed by the trial Court maintained. All the sentences ordered to run concurrently. As far as the remaining accused are concerned, they were acquitted of all the charges.

5. Pending listed-petitions, parties compromised the matter outside the Court. As both the deceased were teenager therefore, their father Ashraf Bhatti, who had also filed separate petition for enhancement of sentence of two of the convicts and the mother Mst. Yasmeen Bhatti were summoned in the Court for purpose of verification of the compromise. Meanwhile certain other information were also collected, on basis whereof it revealed that the convicts party have compensated to the complainants, Ashraf Bhatti as well as Mst. Yasmeen Ashraf by agreeing to pay Rs.25,00,000 to them. It may be noted that at an earlier stage when the compromise was effected, Rs.7,00,000 were paid whereas the remaining amount was still outstanding. However, on the last date of hearing, learned counsel appearing for the petitioners/convicts stated that they are ready to pay Rs.20,00,000 in cash and a plot of land but parents of the deceased stated that they would be given the price of plot. As such it was agreed that total amount of Rs.25,00,000 will be paid. The convicts had deposited Rs.15,00,000 on 16-12-2005 and had paid Rs.3,00,000 in the Court. As Ashraf Bhatti had already received Rs.7,00,000 out of Rs.25,00,000, therefore, under an arrangement between them, he is entitled to receive only Rs.5,50,000 whereas the remaining Rs.12,50,000 shall be given to mother of the deceased Mst. Yasmeen Ashraf.

6. Office is directed to deposit Rs.5,50,000 in the account of Muhammad Ashraf Bhatti and Rs.12,50,000 in the account of Mst. Yasmeen Ashraf respectively which they had opened in HBL branch of this Court.

7. In view of the facts that parties have compromised the matter and compensation has already been received by the complainants therefore, permission is accorded to compound the offence under section 345(2), Cr.P.C. Now we would advert to examine whether in the cases like one in hand where brutal murder of two young boys has been committed when they were confined in judicial lock-up, in a shocking manner which has outraged the public conscience, the convicts are liable for punishment on the principle of Fasad-fil-Arz. The facts of the case and material available on record reveal that petitioners/convicts have committed crime in a brutal manner of the deceased who were confined in lock-up. Therefore, considering them sitting ducks, they took the law in their hands, without caring that police stations or Court premises are considered such places where law protects the life of citizens. Therefore, in exercise of jurisdiction under section 311, P.P.C. the sentence of death of the two convicts namely Naheeb Butt alias Bhutto and Moazzam Butt is reduced from death to life imprisonment under section 302, P.P.C. and under section 7(b) of A.T.A. on both the counts. Similarly sentences awarded to Muhammad Aasam and Shahbaz alias Dodi for imprisonment of life under section 302(b), P.P.C. is reduced to 14 years and sentence awarded to them for life imprisonment under section 7(b) of A.T.A. is kept intact on both the counts with benefit of section 382-B of Cr.P.C., which has already been extended to them by the Lahore High Court. Remaining sentences awarded to them are kept intact. All the sentences shall run concurrently.

8. As a consequence of above, Criminal Petition No.445-L/2002 filed by convicts is disposed of whereas Criminal Petition No.435-L of 2002 filed by Muhammad Ashraf Bhatti is dismissed.

9. I.G. Police (Punjab) is directed to take action against the officer/official who allowed culprits to have a free excess in police station due to which committed murder of two young boys and submit report for further orders if need be. N.H.Q./M-8/S???????????????????????????????????????????????????????????????????????????????????? Sentences reduced.